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CONTESTING A WILL WITH WILLCLAIM SOLICITORS NO WIN NO FEE SPECIALISTS – EXPLORING THE DIFFERENCES BETWEEN CONSTRUCTIVE TRUST AND PROPRIETARY ESTOPPEL

Will claim Solicitors, specialist no win no fee will dispute and will contest Solicitors, explore the differences (if any) between a claim of Constructive Trust and a claim of Proprietary Estoppel What in general is a Constructive Trust/Proprietary Estoppel claim These are claims which rely on the court’s inherent “equitable” jurisdiction to uphold what in layman’s terms is or ought to be a fair outcome, given the circumstances or non-binding […]

CONTESTING A WILL WITH WILLCLAIM SOLICITORS NO WIN NO FEE SPECIALISTS – THE INHERENT DANGER OF A PROPRIETARY ESTOPPEL CLAIM

Will claim Solicitors, specialist no win no fee will dispute and will contest Solicitors, consider the inherent problems of a claim of Proprietary Estoppel What is a Proprietary Estoppel claim and why make it? Proprietary Estoppel is a claim relying on the court’s inherent “equitable” jurisdiction which in layman’s terms might be described as a court’s overriding jurisdiction to uphold what is “fair”. Whilst not entirely accurate, this description is […]

CONTESTING A WILL WITH WILLCLAIM SOLICITORS NO WIN NO FEE SPECIALISTS – UPDATE ON ADULT AND MINOR CHILDREN CLAIMS UNDER THE 1975 ACT (PART 2 OF 2)

Will claim Solicitors, specialist no win no fee will dispute and will contest Solicitors, provide the second of two updates on adult and minor children claims under the Inheritance (Provision for Family and Dependants) Act 1975 What does the Inheritance (Provision for Family and Dependants) Act 1975 do? In England and Wales an individual has an inalienable right to leave his or her estate to anyone or however that person […]

CONTESTING A WILL WITH WILLCLAIM SOLICITORS NO WIN NO FEE SPECIALISTS – UPDATE ON ADULT AND MINOR CHILDREN CLAIMS UNDER THE 1975 ACT (PART 1 OF 2)

Will claim Solicitors, specialist no win no fee will dispute and will contest Solicitors, provide an update on adult and minor children claims under the Inheritance (Provision for Family and Dependants) Act 1975 What does the Inheritance (Provision for Family and Dependants) Act 1975 do? In England and Wales an individual has an inalienable right to leave his or her estate to anyone or however that person sees fit. As […]

CONTESTING A WILL WITH WILLCLAIM SOLICITORS NO WIN NO FEE SPECIALISTS – MARRIAGE, A TRAP FOR THE DECEASED’S CHILDREN

Will claim Solicitors, specialist no win no fee will dispute and will contest Solicitors, discuss why a parent’s marriage can leave his/her children with no inheritance and no options What happens to the estate of a parent once he or she marries? Once again, we are discussing the “rights” of children to the estate or a share of the estate of a parent in England and Wales. We have previously […]

CONTESTING A WILL WITH WILLCLAIM SOLICITORS NO WIN NO FEE SPECIALISTS – THE INHERENT RISKS OF TAKING A CASE TO TRIAL

Will claim Solicitors, specialist no win no fee will dispute and will contest Solicitors, discuss the risks of taking a case to a trial (even in the face of a notice under CPR 57.7(5)) Is it the case that in relation to Will dispute and Will contest claims which are lost at trial the parties costs are paid by the estate? The issue here is what happens to your lawyers […]

CONTESTING A WILL WITH WILLCLAIM SOLICITORS NO WIN NO FEE SPECIALISTS – CAN A PROPERTY BE GIFTED BY AN INFORMAL PROMISE?

Will claim Solicitors, specialist no win no fee will dispute and will contest Solicitors, discuss whether a property can be gifted by an informal promise Can a property be informally gifted by a promise during the lifetime of the owner so that the gift only takes effect on her/her death? The answer is invariably no other than by a Will which provides for the property to be left to the […]

CONTESTING A WILL WITH WILLCLAIM SOLICITORS NO WIN NO FEE SPECIALISTS – PROVING THAT A WILL HAS BEEN FORGED

Will claim Solicitors, specialist no win no fee will dispute and will contest Solicitors, discuss proving that a Will has been forged Who has the burden of proving that a Will has been forged? Rather strangely to some, it is actually the beneficiaries of the disputed Will (which is claimed to be genuine) who bear the burden of proving that it is a perfectly valid Will.We considered this issue before […]

CONTESTING A WILL WITH WILLCLAIM SOLICITORS NO WIN NO FEE SPECIALISTS – WHO CAN BRING A CLAIM AGAINST THE LEGAL VALIDITY OF A WILL

Will claim Solicitors, specialist no win no fee will dispute and will contest Solicitors, discuss who it is who can bring claims against the legal validity of a Will Who is it who can bring claims against the legal validity of a Will? It seems strange to deal with this question but it is often an issue. We receive quite a large number of enquiries from “interested persons” such as […]

CONTESTING A WILL WITH WILLCLAIM SOLICITORS NO WIN NO FEE SPECIALISTS – WINNABLE CLAIMS UNDER THE INHERITANCE ACT 1975 BY ADULT CHILDREN

Will claim Solicitors, specialist no win no fee will dispute and will contest Solicitors, discuss which type of claims by adult under the Inheritance Act 1975 are most likely to be won The problem with claims by adult children under the Inheritance (Provision for Family and Dependants) Act 1975? Well what is the problem – can’t adult children win financial provision claims in Will contest and Will dispute cases? The […]

CONTESTING A WILL WITH WILLCLAIM SOLICITORS NO WIN NO FEE SPECIALISTS – THE RISK OF LOSING YOUR WILL DISPUTE OR WILL CONTEST CLAIM

Will claim Solicitors, specialist no win no fee will dispute and will contest Solicitors, discuss the risk of losing a will dispute or will contest claim in relation to a will prepared by a Solicitor supported by the testator’s GP in compliance with the “golden rule” Can a Will prepared by a Solicitor who complies with the “golden rule” be overturned? In general a Will that is prepared by a […]

CONTESTING A WILL WITH WILLCLAIM SOLICITORS NO WIN NO FEE SPECIALISTS – CASE STUDY: GRANDMOTHER’S DECISION TO LEAVE HER HOME TO HER GRANDSON IS OVERTURNED BY DISPUTED WILL

Will claim Solicitors, specialist no win no fee will dispute and will contest Solicitors, discuss a recent case which they successfully resolved and reflect on the result The facts – grandmother’s decision to leave her home to her grandson is overturned by a disputed Will These are the salient facts (with some adjustment to anonymise the parties):• Our client lived with and was brought up by his grandmother and she […]

CONTESTING A WILL WITH WILLCLAIM SOLICITORS NO WIN NO FEE SPECIALISTS – A SELECTION OF OUR WILL CONTEST AND WILL DISPUTE ENQUIRIES

Will claim Solicitors, specialist no win no fee will dispute and will contest Solicitors, provide some sample enquiries (anonymised) and our responses Will dispute and Will contest enquiry – “my wife witnessed a Will where I am a beneficiary” The enquiry My step father died 4 years ago, probate was granted in November 2019. The house has just sold and monies are ready to be distributed. I was named in […]

CONTESTING A WILL WITH WILLCLAIM SOLICITORS NO WIN NO FEE SPECIALISTS – MISTAKES IN WILLS AND WHAT CAN BE DONE ABOUT THEM

Will claim Solicitors, specialist no win no fee will dispute and will contest Solicitors, discuss mistakes in Wills and what can be done about them What can be done to correct mistakes in Wills Mistakes pre death Mistakes before the Will writer (“testator”) has died can be corrected by two simple means: Firstly a new Will can be prepared; or Secondly a “Codicil”, which is, if you like, an addendum […]

CONTESTING A WILL WITH WILLCLAIM SOLICITORS NO WIN NO FEE SPECIALISTS – CAN SOMEONE WITH NO OR INSUFFICIENT MENTAL CAPACITY MAKE A VALID WILL?

Will claim Solicitors, specialist no win no fee will dispute and will contest Solicitors, discuss whether an individual with no or insufficient mental capacity can make a valid Will What degree of mental capacity is required to make a valid Will? This is very often the key issue in Will dispute and Will contest claims, in particular in relation to elderly relatives, many of whom, seem particularly keen to rewrite […]

CONTESTING A WILL WITH WILLCLAIM SOLICITORS NO WIN NO FEE SPECIALISTS – IS THE INFANT OR MINOR CHILD A FAVOURED APPLICANT UNDER THE ’75 INHERITANCE ACT

Will claim Solicitors, specialist no win no fee will dispute and will contest Solicitors, discuss whether the infant or minor child (a child under the age of 18) is a favoured applicant under the ’75 Inheritance Act in Will dispute and Will contest claims What issues arise in relation to infant or minor children claiming financial provision under the Inheritance (Provision for Family and Dependants) Act 1975? The main issues […]

CONTESTING A WILL WITH WILLCLAIM SOLICITORS NO WIN NO FEE SPECIALISTS – WHAT IS THE CORRECT TEST OF MENTAL CAPACITY IN WILL DISPUTE CASES

Will claim Solicitors, specialist no win no fee will dispute and will contest Solicitors, discuss what the correct test of mental capacity is in Will dispute and Will contest claims Why is there an issue with the appropriate test for mental capacity in Will dispute and Will contest claims? We have touched on this in a numerous previous blogs, see for example:www.willclaim.com/contesting-a-will-with-willclaim-com-understanding-capacity-to-make-a-will/ The basic point is this. An individual must […]

CONTESTING A WILL WITH WILLCLAIM SOLICITORS NO WIN NO FEE SPECIALISTS – CAN A SPOUSE BRING A CLAIM FOR PROPRIETARY ESTOPPEL TO SECURE THE MATRIMONIAL HOME

CONTESTING A WILL WITH WILLCLAIM SOLICITORS NO WIN NO FEE SPECIALISTS – CAN A SPOUSE BRING A CLAIM FOR PROPRIETARY ESTOPPEL TO SECURE THE MATRIMONIAL HOME What is a Proprietary Estoppel claim? We have discussed this in a previous blog, see:www.willclaim.com/proprietary-estoppel-inheritance-dispute/ Essentially the equitable concept of “proprietary estoppel” in Will dispute or Will contest claims is a device by which the courts can enforce a “binding” promise by one person […]

CONTESTING A WILL WITH WILLCLAIM.COM NO WIN NO FEE SPECIALISTS – ESSENTIAL FACTS TO BE CLEAR ABOUT WHEN ASKING US TO CONSIDER A NO WIN NO FEE ARRANGEMENT

CONTESTING A WILL WITH WILLCLAIM.COM NO WIN NO FEE SPECIALISTS – ESSENTIAL FACTS TO BE CLEAR ABOUT WHEN ASKING US TO CONSIDER A NO WIN NO FEE ARRANGEMENT What sort of Will dispute or Will contest claims might we deal with under a no win no fee arrangement We previously discussed the sort of claims we were likely to take on under a no win no fee arrangement in a […]

CONTESTING A WILL WITH WILLCLAIM.COM NO WIN NO FEE SPECIALISTS – THE INHERENT DANGER OF A TRIAL

Will claim Solicitors, specialist no win no fee will dispute and will contest Solicitors, discuss how trials can go horribly wrong in unexpected ways and what this means for concluding a Will contest or Will dispute claim Why is it dangerous to take a Will contest or Will dispute claim to trial? As most practitioners in this field know, a trial has an often unexpected way of drawing out facts […]

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