Contesting a will with willclaim.com Let’s not beat about the bush, it is sometimes difficult (but not impossible!) to successfully contest a Will. Given so, whilst a number of Solicitors now advertise their services for this work, many will not do so under a no win no fee arrangement. Willclaim (which is a marketing website for Inspire Law Solicitors) is an exception to this as we are able to offer […]
It is becoming quite rare to find Solicitors able and willing to take on a will contest claim under a no win no fee agreement. There are three good reasons for this: 1. They are very difficult claims to win and moreover to resolve by amicable agreement as invariably there is a good deal of acrimony 2. When they are won, there is often a long period between the settlement […]
Terms and Conditions 1. Entry into this competition implies acceptance of these rules. The owners of Willclaim Solicitors reserve the right to amend these rules at any time. 2. No purchase is necessary to be entered into the competition. 3. The promoter of the competition is Willclaim Solicitors 4. The competition is open to any residents in the UK only. 5. The competition is not open to employees of Willclaim […]
Wills can be confusing and there is often a lot of jargon and red tape surrounding inheritance, which can make it difficult if you believe you are entitled to more than you are being offered. It may be that you were promised something in return for maintenance or changing your position (giving up your job or house, for instance). It may even be that you dispute the legitimacy of the […]
1. What is mediation? A mediation is a negotiation in a formal setting with a professional “mediator” who tries to help both sides to resolve their dispute. In will dispute or will contest claims, he or she is usually a legal professional (most often a Barrister with experience in the will dispute field), who is paid by each side to act as an independent facilitator. 2. What happens if I […]
1. What is mediation? A mediation is a negotiation in a formal setting with a professional “mediator” who tries to help both sides to resolve their dispute – often by means of clever questioning, crystal ball gazing (eg. Where will we be in in a years time if the will dispute is not resolved??) 2. Does a mediator act as Judge in relation to your will contest claim? Definitely not! […]
What is a typical claim? Every case is different although there are broad similarities between cases. Typically though a claim w ill be one of two types: a claim that the Will is not valid (because there is something wrong with it) or a claim for financial provision from the estate. What things might make a Will invalid (in other words what could be wrong with it to mean that it […]
What is no win no fee? It is a type of contract between the solicitor and the client which means that the solicitor can only charge if the claim is won Does it mean that to win a claim you have to go all the way to a trial and be successful there? No absolutely not. Most of our claims for clients are settled before any court proceedings leading to […]
The Wills Act 1837 is 176 years old this year and yet it serves as the foundation for all wills made since, in England and Wales. Strangely it is often ignored in the context of Will dispute claims and yet it provides critical rules that govern whether a Will is actually valid. When should one consider the Wills Act 1837 in will dispute cases? Really it is important to always […]
Here is a point by point summary of what is likely to happen in a typical will dispute where we are claiming against the validity of a will. I will provide details of a will dispute claim involving a claim for financial provision under the Inheritance (Provision for Family and Dependants) Act 1975. 1. Instructions received to contest the validity of a deceased’s will by her son on the grounds […]
We find that there are patterns of behaviour or similar facts which often mean there are likely to be genuine grounds for contesting a will. To try and assist, we have listed a number of them below:- 1. Even before death, there are often suspicious patterns of behaviour. 2. For instance, an unlikely friendship between the person making the will and a stranger. Following that difficulty in contacting the person […]
1. You must be clear you have a right to claim; for instance there is no right to contest the validity of the Will if you have no interest in the estate once the Will you dispute is declared invalid. Further in a claim under the Inheritance (Provision for Family and Dependants) Act 1975, you must fall within the category of potential claimants set out in section 1, so that […]
1. You can roughly divide will contest claims into two distinct types. 2. The first type of claim is one where you dispute the validity of the will because for instance, the person making it was coerced, didn’t have mental capacity or it was not properly signed and witnessed (or even because it was forged!). 3. The second type is where you are a close relative, spouse or dependant and […]
The death of a family member is in itself a sad event with a huge amount of emotional turmoil as one goes through the grieving process. At the time, considering the legal implications and understanding the ramifications of the last will and testament is often the last thought on your mind. If and when the will is contested there are even bigger headaches to come and turning to professional legal […]
In an ideal world this would happen: 1. Client instructs us to claim against a Will or estate 2. We accept those instructions and proceed to prepare the claim 3. We obtain all the evidence we need including a favourable report from a “friendly” expert 4. We issue Court proceedings and that case runs to a trial 5. We win at trial and recover all of our costs and everyone […]
In two recent decisions, where it seems there may have been an argument the deceased was unduly influenced but with insufficient evidence to run that or more importantly a claim that he or she lacked legal testamentary capacity, the courts seem to have been keen to impute instead the deceased did not know and approve the Will contents. The cases in question are Topciapski (2013) Ch 20 March 2013 and […]
Yes it can. In law (equitable law that is) there is a rule that a parent would not intend to benefit his or her child twice, by making a substantial gift to the child and following the death of the parent, by leaving the same or an equivalent amount by Will. The Court presumes the parent would not intend to benefit one child twice at the expense of any other […]
How to contest a Will 1. This blog is an update on our earlier blog following this topic. It should assist in describing what will typically happen in the Will contest claim. 2. There are two general types of Will contest claims. Firstly a claim that a Will is not valid because of problems with its execution (it was not properly signed by the person making the Will in front […]
What happens in short marriage cases where the surviving spouse is left inadequately provided for? Some recent analysis of this is provided by Mr Justice Briggs whose very clear Judgment in Lilleyman v Lilleyman is of considerable assistance. The surviving spouse (Mrs Lilleyman – the widow) received only 10% of her late husband’s estate. Unfair or eminently sensible? Taking Mr Justice Briggs Judgment at face value, I would say it […]
I described in a previous article the difficulties faced by adult children who bring a claim for financial provision from their deceased mother or father’s estate. Historically a court would be reluctant to make an award. It would judge that adult children who were capable of earning their own living were unlikely to be sufficiently deserving to warrant further payment from their parent’s estate. Conversely, if they were not so capable […]