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As a surviving spouse, does your claim under the Inheritance Act survive if you then die?

HOW TO CONTEST A WILL – WHO HAS THE BURDEN OF PROVING A WILL ALLEGED TO BE A FORGERY

Will claim Solicitors, specialist no win no fee will dispute and will contest Solicitors, discuss who has the burden of proving a Will is valid when it has been alleged that the Will is a forgery Why is the burden of proof important in Will dispute and Will contest claims and what is it? The burden of proof is simply the question of which party to a Will Dispute, Will […]

HOW TO CONTEST A WILL – REMOVING A PERSONAL REPRESENTATIVE AND/OR EXECUTOR

Will claim Solicitors, specialist no win no fee will dispute and will contest Solicitors, discuss why and how a Personal Representative or Executor of an estate should or could be removed What is an Executor or Personal Representative and why are they important in Will dispute and Will contest claims? Here is a link to an article in the Law Society Gazette which explains what a Personal Representative/Executor does – […]

5 things to know about testamentary capacity

WILL DISPUTE CLAIMS – COMMONLY AVAILABLE KEY RESOURCES WHICH WE USE TO WIN YOUR WILL DISPUTE AND WILL CONTEST CLAIM (INVARIABLY UNDER OUR NO WIN NO FEE ARRANGEMENTS)

Will claim Solicitors, specialist no win no fee will dispute and will contest Solicitors, reveal the key resources which they use to win each claim most of which you can obtain yourself Resources which most people can use to help win their Will dispute or Will contest claim There are simple questions to answer in most inheritance and Will contest and Will claim disputes concerning a Will before any claim […]

CONTESTING A WILL – CLAIMS BY SPOUSE FOR FINANCIAL PROVISION FROM THEIR LATE HUSBAND OR WIFE’S ESTATE

Will claim Solicitors, specialist no win no fee will dispute and will contest Solicitors, consider how spouses can claim for financial provision from their late husband or wife’s estate Can a disappointed widow or widower claim from the estate of their late husband or wife? A disappointed spouse can bring a will contest or will dispute claim against her (or his!) deceased husband’s estate pursuant to section 2 of the […]

CONTESTING A WILL – WHAT CAN BE DONE WHEN A SOLICITOR FAILS TO SEVER A JOINT TENANCY WHEN MAKIING A WILL PURPORTING TO DISPOSE OF IT

Will claim Solicitors, specialist no win no fee will dispute and will contest Solicitors, consider what can be done when a solicitor making a will purporting to dispose of a property fails to sever joint tenancy of that property What is the significance of severing the “joint tenancy” of a jointly owned property by reference to a Will disposing of it? Please have a look at our previous blog about […]

CONTESTING A WILL – LET’S TALK ABOUT JOINTLY OWNED PROPERTY AND HOW THAT CAN EFFECT WILLS

Will claim Solicitors, specialist no win no fee will dispute and will contest Solicitors, consider how jointly owned property can effect Wills and Will-making How can jointly owned property effect Wills and Will-making? We have looked into this issue before in relation to how jointly held property or property that is placed into the joint names of the deceased and another person, can potentially defeat the terms of a valid […]

CONTESTING A WILL – SNIPPETS OF GOLD V CURTIS

Will claim Solicitors, specialist no win no fee will dispute and will contest Solicitors, provide snippets from Gold v Curtis in relation to claims by adult children under the ’75 Inheritance Act. Claims under section 2 of the Inheritance (Provision for Family and Dependants) Act 1975 We have previously considered how will contest and will dispute claims by adult children under the Inheritance (Provision for Family and Dependants) Act 1975 […]

Don't get stuck in checkmate when you challenge a will validity - consider these 5 points before challenging a will

CONTESTING A WILL – LET’S TALK A BIT MORE ABOUT CAVEATS

Will claim Solicitors, specialist no win no fee will dispute and will contest Solicitors, discuss Caveats – but in particular how to get rid of them in will dispute and will contest claims What is a Caveat and what do they do? We discussed this very recently, but please see https://www.lexology.com/library/detail.aspx?g=2f67c5c0-3bb2-4d01-a4e8-d1fd4ed1b8fc for another angle to help your understanding. In addition, the following is helpful in describing why entering a Caveat […]

CONTESTING A WILL – LET’S TALK ABOUT CAVEATS

Will claim Solicitors, specialist no win no fee will dispute and will contest Solicitors, discuss Caveats, what they do and why they are often necessary in will dispute and will contest claims. What are Caveats? A Caveat is a device which is used to stop a Grant of Probate. Helpfully you can now apply on line to register one and it only costs £3! For further information about this please […]

Applyoing for probate can seem daunting - we can offer light at the end of the tunnel

CONTESTING A WILL – CHANGES AFOOT IN RELATION TO THE PREPARATION AND CONTESTING OF WILLS

Will claim Solicitors, specialist no win no fee will dispute and will contest Solicitors, discuss some recent changes in relation to the preparation and contesting of Wills A permanent change to section 9 of the Wills Act 1837? What is the change? Section 9 of the Wills Act 1837 governs the formation of Wills. All Wills must comply with its requirements otherwise they will not be valid in law and […]

choose a will dispute solicitor

CONTESTING A WILL – CAN A DISAPPOINTED BENEFICIARY SUE THE SOLICITOR WHO FAILED TO PREPARE THE WILL IN TIME? (SECOND PART)

Will claim Solicitors, specialist no win no fee will dispute and will contest Solicitors, discuss whether a disappointed beneficiary can sue the Solicitor who failed to prepare a relative’s Will in time or at all. What circumstances can lead to this type of Will dispute or Will contest claim In our previous blog we discussed whether a disappointed beneficiary can sue a Solicitor who failed to prepare a Will in […]

A statutory will is a lifesaver for those who do not have capacity to make a will, but they are not always immune from challenge

CONTESTING A WILL – CAN A DISAPPOINTED BENEFICIARY SUE THE SOLICITOR WHO FAILED TO PREPARE THE WILL IN TIME?

Will Claim Solicitors, specialist no win no fee will dispute and will contest Solicitors, discuss whether a disappointed beneficiary can sue the Solicitor who failed to prepare a relative’s Will in time or at all. What circumstances can lead to this type of Will dispute or Will contest claim In a previous blog we highlighted the importance keeping your Will up to date (https://www.willclaim.com/martin-v-williams-will-hasnt-updated/).This type of Will contest claim can […]

Our will dispute expert looks at a holographic will and what it means

CONTESTING A WILL – DOES A MISTAKE INVALIDATE A WILL?

Will claim Solicitors, specialist no win no fee will dispute and will contest Solicitors, discuss whether a mistake by a testator invalidates a Will What do we mean by “mistake” Here we are discussing a mistaken belief by a person making a Will which may have affected who was to benefit from his or her estate. To be clear, we are not considering a mistake affecting the legal formalities necessary […]

CONTESTING A WILL – DOES AN ADULT CHILD HAVE A BETTER CLAIM AGAINST A NEGLECTFUL PARENT?

Will claim Solicitors, specialist no win no fee will dispute and will contest Solicitors, discuss whether an adult child has a better claim against a neglectful parent under section 2 of the Inheritance (Provision for Family and Dependants) Act 1975 Claims by adult children under the Inheritance (Provision for Family and Dependants) Act 1975 Here we discuss claims for financial provision by adult children under section 2 of the Inheritance […]

CONTESTING A WILL – A RECENT CASE STUDY

Will claim Solicitors, specialist no win no fee will dispute and will contest Solicitors, discuss an example of a recent case which they successfully settled under which their client was claiming a Will was invalid because the testator lacked legal testamentary capacity. A snapshot of a recent Will dispute or Will contest claim which we successfully resolved In brief, we recently (and successfully) concluded a claim against the legal validity […]

CONTESTING A WILL – THE DANGER OF NOT NEGOTIATING

Will claim Solicitors, specialist no win no fee will dispute and will contest Solicitors, discuss the danger of not negotiating in Will dispute and Will contest claims. What do we mean by negotiation? In a previous blog (see https://www.willclaim.com/benefits-mediation-will-dispute/ ) we explored the benefits of Mediation. To be clear, Mediation is a form of negotiation. It has more formality than a simple discussion as (pre lockdown) it requires each side […]

CONTESTING A WILL – WHAT IS REASONABLE FINANCIAL PROVISION

Will claim Solicitors, specialist no win no fee will dispute and will contest Solicitors, consider the real meaning of reasonable financial provision in Will dispute and Will contestclaims. What is the significance of “reasonable financial provision” in Will dispute and Will contest claims This relates to a claim by a potential beneficiary to a deceased’s estate (usually a spouse or child or dependant of the deceased) who hasn’t been left […]

CONTESTING A WILL – THE SHAPTON V SEVIOUR ISSUE

Will claim, specialist no win no fee will dispute and will contest Solicitors, discuss how hard it is for an adult child to bring a claim for financial provision claims under the Inheritance (Provision for Family and Dependants) Act 1975. In a previous blog (see https://www.willclaim.com/how-to-contest-a-will-how-hard-is-it-for-an-adult-child-to-bring-a-claim-for-financial-provision-under-the-inheritance-provision-for-family-and-dependants-act-1975/) we discussed claims by adult children for financial provision from the estate of a late parent under section 2 of the Inheritance (Provision for […]

CONTESTING A WILL – SNIPPETS FROM ILOTT V MITSON AND WHAT THEY MEAN? (PART 2 OF 2)

Will claim, specialist no win no fee will dispute and will contest Solicitors, discuss elements of the Supreme Court Judgment in Ilott v Mitson and their likely effect in adult child financial provision claims under the Inheritance (Provision for Family and Dependants) Act 1975.  In a previous blog (see https://www.willclaim.com/blog/) we discussed how a claim can be made by an (adult) child for a share of his/her parents estate under […]

CONTESTING A WILL – SNIPPETS FROM ILOTT V MITSON AND WHAT THEY MEAN? (PART 1 OF 2)

Will claim, specialist no win no fee will dispute and will contest Solicitors, discuss elements of the Supreme Court Judgment in Ilott v Mitson and their likely effect in adult child financial provision claims under the Inheritance (Provision for Family and Dependants) Act 1975.  In a previous blog (see https://www.willclaim.com/blog/) we discussed how a claim can be made by an (adult) child for a share of his/her parents estate under […]

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