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Can A Court Order The Parties to A Will Dispute To Mediate

Will claim Solicitors, specialist no win no fee will dispute and will contest Solicitors, discuss whether a Court can order the parties to a Will dispute to mediate or engage in ADR ADR and mediation in Will dispute and Will contest claims? ADR stands for “alternative dispute resolution” – it is a way of resolving disputes without having a trial. It has a several advantages over a trial: PRACTICE DIRECTION […]

revealing the inherent dangers of a trial

Costs Where Executors Seek to Prove a Will

Will claim Solicitors, specialist no win no fee will dispute and will contest Solicitors, discuss what happens with costs when Executors seek to prove a Will Can Executors prove a Will? Ordinarily it falls to the disappointed beneficiary to bring the contested or disputed Will claim – or the beneficiary who is seeking to establish the contested or disputed Will is in fact valid. As a general rule then, one […]

writing a trust

Know Your Rights: Time Limits for Challenging a Will

When a loved one passes away, the distribution of their estate as per their will can sometimes become a contentious issue. Whether you believe the will to be invalid or feel that you have not received your fair share, it’s important to know your rights and the associated time limits for contesting a will in the UK. Delaying action or misunderstanding these timeframes can severely hinder your chances of seeking […]

Proprietary Estoppel Gathers Pace

Will claim Solicitors, specialist no win no fee will dispute and will contest Solicitors, discuss the developing will contest and will dispute area of law called “Proprietory Estoppel” What is “Proprietary Estoppel”? It is the Court enforcing a promise which otherwise ought not to be enforced because there is no contract or written agreement which can be used as a basis for doing so, if it can shown the promise […]

What are the three special costs rules in probate proceedings

The case of Lumb v Lumb [2023] EWHC 2052 (Ch) Lumb was a claim against the legal validity of inter alia Wills dated 2019 and 2015 between two brothers in relation to the estate of their late mother. It was contented that a Will dated 2014 was the legally valid Will. The only difference between the (effect of the) 2014 Will and the 2015/2019 Will (because there was no residuary […]

What happens if I don’t have a will?

Introduction If you don’t have a will, the Intestacy Rules state how your estate will be distributed after your death. The rules are complicated and can lead to family disagreements over who gets what. It’s much easier to write a will yourself than it is to try and sort out what happens when someone dies without one. So in this article, we’ll go over what happens if you don’t have […]

What is a Grant of Probate in Estate Planning?

Learn about what a Grant of Probate in estate planning is with this article that goes over this important document, how it works and how to obtain it. What is a Grant of Probate? A Grant of Probate is a legal document that authorises the executor of a will to manage the deceased’s estate according to the wishes outlined in the will. It ensures that assets are distributed legally, helps […]

How Long Does Inheritance Take After Probate is Granted in the UK?

Discover how long it takes to receive ones inheritance take after probate is granted in the UK with this article that helps you understand probate and inheritance timelines. Understanding Probate and its Significance Before delving into the timeframe for inheritance distribution, it’s important to understand what probate entails. Probate is the legal process that validates a deceased person’s will and grants the authority to the executor to administer the estate. […]

Can a Will be Contested After Probate?

Writing a will is an important part of ensuring that your final wishes are carried out after your passing. However, despite the best intentions, there are situations where a will may be contested by interested parties. The process of challenging a will typically occurs before probate, when the court determines the validity and execution of the document. But what happens if a will has already gone through probate? Can it […]

Does a New Will Cancel an Old Will in the UK?

Creating a will, also known as a testamentary document, is an essential part of estate planning, allowing individuals to outline their wishes regarding the distribution of their assets after their passing. However, circumstances may change over time, leading individuals to reconsider the provisions in their existing wills. In such cases, it is common for people to wonder if a new will automatically cancels an old will in the United Kingdom. […]

Do You Have to Register a Will in the UK?

Writing a will is an essential step in planning for the future and ensuring your assets are distributed according to your wishes. However, many people in the UK are unsure about whether they need to register their wills. In this article, we will delve into the topic and provide you with a comprehensive understanding of will registration in the UK. What is Will Registration? Will registration involves storing a copy […]

Successful cases of contesting a will in the UK

Successful Cases of Contesting a Will in the UK Contesting a will can be a complex and emotionally charged process. However, there are cases in which contesting a will in the UK has been successful, resulting in changes to the distribution of assets. In this article, we will explore some of the most notable successful cases of contesting a will in the UK. Grounds for Contesting a Will Before delving […]

Contesting a Will: Inheritance Rights of Nieces and Nephews in the UK

When a loved one passes away, their will determines how their estate will be distributed. However, there are cases where family members, such as nieces and nephews, feel they have been unfairly excluded or inadequately provided for in a will. In such situations, contesting a will becomes a viable option to assert inheritance rights. This article explores the inheritance rights of nieces and nephews in the UK and provides an […]

Is it worth contesting a will in the UK?

When a person passes away, their estate – including any money, property and possessions they have – is divided up according to the terms of their will. In some cases, the will may be contested by those who feel they have not been adequately provided for. But is it worth contesting a will in the UK? Understanding the legal process Contesting a will is a legal process, so it should […]

What happens after probate is closed in the UK?

Introduction Probate is an important legal process that allows you to transfer the assets of a person who has died to their beneficiaries. It can be complex and time-consuming, but once probate closes it will be possible for you to access your loved one’s property and distribute it as desired. In this article, we’ll take a look at what happens after probate closes in the UK, including how long it […]

How Do You Know If Someone Has a Will?

When a person passes away, their estate – which includes their money, property, and possessions – is usually distributed according to their will. If the deceased did not leave a will, their estate will be distributed according to the laws of intestacy. In either case, it is important to know whether or not the deceased had a will. In this article, we will explore how do you know if someone […]

What are the Chances of Successfully Contesting a Will?

Contesting a will is a legal process whereby a person challenges the validity of a will. This can happen if there are concerns about the way the will was made or executed, or if the contents of the will are seen as unfair or unreasonable. In the UK, there are specific rules and regulations around contesting a will, and the chances of success depend on a range of factors. In […]

Is a handwritten will legal in the UK?

Introduction Making a will is something that many people avoid. But if you don’t have one, then it can be hard for others to know what to do with your assets after you’ve passed away. A handwritten will is still a valid will in the UK, but there are some things that you need to take into consideration before putting pen to paper. If you’ve been wondering, ‘is a handwritten […]

Punishing the Reluctant Executor With Occupation Rent

Will claim Solicitors, specialist no win no fee will dispute and will contest Solicitors, discuss whether it is possible to punish a reluctant Executor (who is occupying the primary estate asset) with “occupation rent” The case of the reluctant Executor (who is occupying the primary estate asset) This is the scenario. An Executor to a Will is occupying the primary estate asset. He/she may or may not own part of […]

How Long is a Will Valid for in the UK?

A will is a legal document that outlines an individual’s wishes regarding the distribution of their property after death. It is an essential document that can provide clarity and prevent disputes among family members. However, many people are unsure about how long a will is valid for. In this article, we will discuss how long is a will valid for in the UK and what factors can affect its validity. […]

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