Dispute resolution – what does it actually mean? Most potential claimants consider it must mean (for them) a successful day in court. Lawyers of course are much more circumspect. They know that once a case has reached a Judge, to a degree the case is beyond their control or put it another way it is out of control! Successful dispute resolution in will dispute claims and/or Inheritance Act claims is a combination […]
This is our reply to a recent enquiry which might assist: Thanks for your interest in our service. Please see quote from Mr Justice Briggs in Key v Key below. In essence the “golden rule” is a touchstone for best practice. However, it does not mean than where it is not followed a Will is invalid. It may mean that it is suspect or more open to question that it […]
The general rule is that following a trial, costs will follow the event. In other words the loser pays (his own costs and the winning party’s) This is varied in probate claims or will disputes, as the Court has an inquisitorial role in relation to Wills. In other words the court has an overriding duty to determine the validity of a Will. The effect of this means that to a […]
The Wills Act 1837 s9 governs its execution. A will cannot be held valid unless it complies with the archaic requirements set down thereunder, so that: No will shall be valid unless:- It is in writing and signed by the testator or by some other person in his presence and by his direction; and It appears that the testator intended by his signature to give effect to the will; and […]
As mentioned already, whereas if you contest a Will’s validity you are not accepting it as a legally valid document, a claim under the Inheritance (Provision for Family and Dependants) Act 1975 is only made after a Will has been accepted as valid by the Court Probate Service and can only in fact be made once a Grant of Probate has been obtained. In effect, it is a claim against […]
This blog follows on from our brief guide dealing with disputes over the validity of a Will. It will probably be helpful if you read that before reading this! However in general whereas if you contest a Will’s validity you are not accepting it as a legally valid document, a claim under the Inheritance (Provision for Family and Dependants) Act 1975 is only made after a Will has been accepted […]
In general your will dispute centres on either a claim against the validity of the Will or a claim for financial provision under the Inheritance (Provision for Family and Dependants) Act 1975. The latter is a claim against the estate, not a Will contest claim per se whereas a claim against the validity of a Will does involve in our view a true contest about the Will (as opposed to […]
A mediator is a professional dispute resolver. He charges a fee to try and help disputing parties to amicably settle the disagreement between them. How is this relevant to a Will dispute/Will contest/Will claim? Surely you are paying the Solicitor to bring court proceedings to do just that? The answer is this. It is incredibly expensive and risky to bring civil court proceedings in England and Wales given in general […]