Challenging a will requires a valid reason to go to court. Different grounds will be relied upon in a will dispute, depending on the particular circumstances under which the will was made. If you are unhappy with the contents of a will and the circumstances in which it was made, a vital first step in any challenge will be to establish the grounds on which you will challenge the will. […]
Proprietary estoppel is a principle that courts use to resolve disputes. Proprietary Estoppel arises when a defendant has made promises or assurances that property will pass to the claimant, and the claimant has relied on these assurances to their detriment. For example, in Gillett v Holt [2001] Ch 210, a farmer, Mr Holt, made assurances to Mr Gillett that if he worked on his farm for far below the market […]
Challenging a will is potentially expensive, especially through the court system. If the judge rules in your favour, then in addition to any money from the estate, the judge might order the defendant to pay your legal costs. However, if the judge rules against you, as well as having to pay your own costs, you might be ordered to pay the costs of the other side. Will disputes can be […]
One of the ways to challenge a will is to make a case that the Testator, the person who made the will, did not have testamentary capacity. This is not always straightforward. In this blog, we look at 5 things to be aware of if you are considering a will dispute claim on this basis. Testamentary capacity or undue influence? In order to be valid, a will must be made […]
Wills are not the only documents that affect the beneficiaries of a deceased person’s property: other property transactions can also result in different people being left with – and without – an inheritance. Challenging wills is a last resort, and it is important to note that a will dispute is not the only means of challenging the distribution of someone’s estate. If you have reason to believe that a property […]
Creating a will is not the only way that the distribution of property in someone’s estate can change. According to section 18 of the Wills Act 1837, getting married revokes previous wills. If a new will is made after they are married, this will be the valid will. In the absence of a new will made after they are married, the couple will be subject to the intestacy rules, which […]
We look at some lessons from case law that may help prevent will disputes in the future. Making a will is an important step for you to take to ensure that you property will be distributed as far as possible according to your wishes when you die. Without an up to date will, property will either be distributed according to a previous will, which might not reflect your wishes, or […]
What is Probate? When someone has passed away, there is a series of steps that must be taken with regards to their property, in order gain the right to distribute the estate according to their wishes as set out in their will – or if there is no will, the rules of intestacy. Probate is the process by which a deceased person’s will is declared valid, and executors of the […]
What is Undue Influence? Undue influence is a ground upon which to challenge a will, calling into question the validity of the will itself. Claims for undue influence are made when someone suspects that the testator (the person who made the will) was under the influence of another person at the time the will was made. If a court finds that the will was made, either under coercion, or in […]
One ground for a will dispute is undue influence: when someone has been pressured or coerced into signing a will or other contract that affects their estate. The case of Brindley v Brindley [2018] EWHC 157 (Ch), provides an example of an undue influence claim which failed because the testator, the mother of the claimant, had sought independent legal advice before making the transfer. The Facts of Brindley v Brindley […]
You may be concerned about a will and be worried that it doesn’t reflect the real intentions of the person who made it, or feel that you should have received a greater share of the estate. Challenging a will can be a daunting process, especially if you have no experience of the legal system and how the courts work. In this blog, we explain the role of the courts in […]
An update on the case of Lewis v Warner – a case which looked at reasonable financial provision under the Inheritance Act, which was appealed recently to the Court of Appeal. Claiming Reasonable Financial Provision under the Inheritance Act 1975 Under the Inheritance (Provision for Family and Dependants) Act 1975, dependants of a deceased person can claim reasonable financial provision when the will does not adequately provide for them. We’ve […]
If you’re worried about the contents of a will and believe the person who made it was showing signs of dementia or mental vulnerability, it is well worth checking whether the solicitor who made the will followed the Golden Rule. What is the Golden Rule? The Golden Rule is an obligation for the solicitor preparing a will to ensure that the testator has sufficient mental capacity when the will is […]
Proprietary Estoppel is a legal term that can mean very little to anyone who isn’t a lawyer. In an inheritance dispute, proprietary estoppel can offer a small but practical ray of hope when a will doesn’t reflect a promise that was made to someone by the testator while he or she was alive. What is Proprietary Estoppel? Proprietary estoppel is a principle used in the courts to allow individuals to […]
What is Mediation? Disputing a will can be expensive, time consuming and emotionally draining if pursued through the courts. Mediation is an alternative approach to consider when deciding how to contest a will. This involves negotiating a settlement with the other party, outside of court. A will dispute is different to other types of legal claim because mediation is optional, not required. Five reasons to consider the option of taking […]
When challenging a will, claimants should consider what outcome would result in the event that the will is declared invalid. If the courts declare the only will of a deceased person invalid, the estate will be distributed according to the rules of intestacy. It is important when contesting a will, to be mindful of how these rules would distribute the property if the claim is successful, and specifically, whether they […]
In the case of Wharton v Bancroft (2011) EWHC (Ch) 3250, a deceased man’s daughters disputed their father’s will, on grounds including undue influence, lack of capacity and want of knowledge and approval. This case highlights the difficulty of proving an undue influence claim, as well as the potential consequences for losing a will dispute. The Facts of Wharton v Bancroft Mr Wharton knew he had terminal cancer. He had […]
Contesting wills is never something to be undertaken lightly. Consider these 5 issues before you decide what to do – and consider taking professional legal advice about your situation. Will you challenge the validity of the will, or just ask for reasonable financial provision? Challenging the validity of a will can be done on the following grounds: When the will does not meet the requirements set out in the Wills […]
The Inheritance (Provision for Family and Dependants) Act 1975 allows individuals challenging a will to apply to the courts for inheritance beyond that stated in the will. Although English law recognises the principle that people should be free to leave their property as they wish, the Inheritance Act recognises that family and dependants should be left with reasonable financial provision after the testator dies. A claim under the Inheritance Act […]
Challenging a will can be a daunting undertaking. In this blog we’ve put together some useful information that can help you understand more about what it means. A ‘will’ is an important legal document A will is a legal document which is made by an individual before his or her death. It states how their property, including money, any property or land they own, and anything else, should be left […]