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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. […]

How Long Does the Executor Have to Settle Estate in the UK?

When a person passes away, their estate needs to be settled, which includes distributing their assets and paying off any outstanding debts. In the UK, the person responsible for this task is known as the executor. If you have been appointed as an executor, you might be wondering how long you have to settle the estate. In this article, we’ll explore the answer to that question and provide some useful […]

what capacity is required to make a valid will

What Capacity Is Required to Make a Valid Will

Will claim Solicitors, specialist no win no fee will dispute and will contest Solicitors, discuss the legal requirements defining capacity make a legally valid Will Contesting a Will with Willclaim.com – a restatement of the test for capacity in Will dispute and Will contest claims We have covered this extensively in previous blogs, but in particular, the following: What Is the Test for Legal Testamentary Capacity – Will Claim Solicitors […]

what happens when will witnesses change their minds

What Happens When Will Witnesses Change Their Minds

Will claim Solicitors, specialist no win no fee will dispute and will contest Solicitors, discuss what happens when Will witnesses change their mind Contesting a Will with Willclaim.com – the significance of the Will witnesses Will witnesses are necessary for the proper “execution” of a Will given the requirements of s.9 of the Wills Act 1837. This can be found via the following link: Wills Act 1837 (legislation.gov.uk) S.9 of […]

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WHAT ACTUALLY HAPPENS TO COSTS IN WILL DISPUTE AND WILL CONTEST CLAIMS

Will claim Solicitors, specialist no win no fee will dispute and will contest Solicitors, discuss how costs are really dealt with in Will dispute and Will contest claims Contesting a Will with Willclaim.com – who really pays our costs? We considered in a previous blog the different ways of funding these cases to include no win no fee arrangements. For information about this the following link should assist: The costs […]

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How Do You Find Out if Someone Has a Will?

Introduction If you’re acting as the executor of a will, you may need to know whether there is one in place. Similarly, if you’re due to benefit from a will, but haven’t been contacted about this, then it’s also possible that there might be one. However, there are some other reasons why you may want to find out if someone has made their last wishes clear in writing: How do […]

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Snippets From Gladstone v White

Will claim Solicitors, specialist no win no fee will dispute and will contest Solicitors, discuss Gladstone v White [2023] EWHC 329 (Ch) Gladstone v White – lifetime promises and gifts? The recently reported decision in Gladstone v White serves to provide a reminder of the key elements of unfulfilled lifetime “gifts” of property and where the actual transfer of property prior to a death can be set aside and more […]

can grandchildren contest will

Can Grandchildren Contest a Will in the UK?

Introduction The answer to the question of ‘can grandchildren contest a will in the UK?’ is generally yes, but the procedure is not always straightforward. Whether or not a grandchild can contest a will depends on multiple factors, such as how complex the will is and the relationship between the grandchild and the deceased. This article will discuss the relevant laws and provide an overview of the process involved in […]

money

Are Joint Accounts Part of an Estate in the UK?

When a person dies, their assets and liabilities become part of their estate. This includes any money held in a joint account, which can be complicated to deal with. Due to the different regulations surrounding joint accounts in the UK, it’s important that you learn about what’s involved in joint accounts and are joint accounts part of an estate in the UK. What is a joint account? A joint account […]

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How Do You Receive Money From a Will in the UK?

A will is a legal document that states how a person’s estate should be distributed upon their death. It is a legally binding document and should be properly drafted and executed to ensure that it is valid. If you have been named as a beneficiary in a will, you may be due to receive money from the deceased’s estate. In this article, we will discuss how you do receive money […]

Time Limits in Will Dispute and Will Contest Claims

Time Limits in Will Dispute and Will Contest Claims

Will claim Solicitors, specialist no win no fee will dispute and will contest Solicitors, discuss time limits in will dispute and will contest claims In general what are the time limits in Will dispute and Will contest claims? Very generally, in England and Wales the following time limits are likely to apply to disputes arising in connection with Wills and estates in England and Wales: Limitation Act 1980 (legislation.gov.uk) Limitation […]

can a will change after death

Can a Will Be Changed After Death?

Introduction A will is a legal document that outlines how you want your estate to be distributed after your death. If you die without making a will, the rules of intestacy state how assets should be divided up. These are more complicated than simply passing everything onto next of kin, so it’s worth talking to a solicitor about creating one as soon as possible – before you die! After death, […]

Re Ramus a Surviving Spouse Claim That Failed

Re Ramus a Surviving Spouse Claim That Failed

Will claim Solicitors, specialist no win no fee will dispute and will contest Solicitors, discuss Re Ramus [2022] EWHC 2309 where the surviving widow’s claim failed Re Ramus [2022] EWHC 2309 – how did a claim by the surviving widow fail? The case of Re Ramus [2022] EWHC 2309 was a claim by a so-called favoured applicant for financial provision under section 2 of the Inheritance (Provision for Family and […]

Can an Executor Benefit From a Will

Can an Executor Benefit From a Will?

Every will claim expert has been asked, “Can an executor benefit from a will?” This is a question that pops up time and time again when it comes to contesting wills and the legality of who can and who cannot inherit. An executor may wear many “hats” in their role of handling the final wishes of a testator – and here we take a closer look at how their inheritance […]

Can You Contest a Will After Probate

Can You Contest a Will After Probate?

The death of a loved one is always a time of deep sadness and the opportunity to bring a family together during a time of sorrow and need. When it comes to the division of a departed loved one’s assets during this time, all family members will undoubtedly want the process to be a smooth and fair one without complications. However, if a will is found to not be equally […]

How Do You Know When Probate Is Granted

How Do You Know When Probate Is Granted?

When a person dies, they usually leave a will instructing an estate executioner on how to carry out their final wishes regarding their estate. Beneficiaries and other parties of interest may respect and agree on the choice of an executioner, and the process proceeds smoothly. Alternatively, some may disagree, and a fight over the estate ensues. Either way, nothing can be done about the estate until there is a grant […]

How Long After Probate Can Funds Be Distributed in the UK

How Long After Probate Can Funds Be Distributed in the UK?

Probate is the judicial process of dealing with an individual’s estate after they have died, but how long after probate can funds be distributed in the UK? Well, the process involves having a will validated and approved by the courts to stand as a legitimate last testament of the person who has died. Essentially, it is a process by which permission is granted to ensure the wishes outlined in the […]

How Long After Probate Can a Will Be Contested

How Long After Probate Can a Will Be Contested?

Probate is the legal right to deal with someone’s money, property and possessions. The person responsible for managing probate is called an “executor” or “administrator”. However, there are cases where someone can contest a will after it has been granted probate, usually because they believe that it was made under undue influence or fraudulently by another party involved in the case. In this blog, we answer the question, ‘how long […]

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