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CONTESTING A WILL – CAN A STEPCHILD BRING A CLAIM?

CAN A STEPCHILD BRING A CLAIM AGAINST THEIR (NON BLOOD) PARENTS ESTATE? Clearly this is a common issue in will contest and will dispute claims. In short the answer is yes although there are certain situations where this isn’t possible the main one being where the legal validity of a Will is contested and there is no previous Will (or if there was a previous Will it was revoked by […]

CONTESTING A WILL – BASIC PRINCIPLES (PART 2 OF 2)

This blog is the second of two discussing the basic principles that a potential claimant would need to take into account if it appears they are likely to have a claim in relation to an estate. In our first blog we concentrated in the legal principles a potential Claimant would have to consider when challenging the legal validity of a Will. Here we go beyond that and discuss potential claims […]

CONTESTING A WILL – BASIC PRINCIPLES (PART 1 OF 2)

This blog is the first of two discussing the basic principles that a potential claimant would need to consider if it appears they are likely to have a claim in relation to an estate. In reality, there are three types of claim:1. Firstly a claim against the legal validity of a Will;2. Second a claim for a share of a near relatives estate under the Inheritance (Provision for Family and […]

CONTESTING A WILL – WHAT HAPPENS WHEN THE WILL IS MADE ABROAD (PART 3 OF 3)

This blog follows on from our second of three (blogs) dealing with the issues arising where a Will which is made abroad, is subject to a potential Will dispute or Will contest claim. Our comments below are for general consumption only and offer a guide to what one has to consider when a Will is made abroad. The most important issue for us is whether any claims arising can be […]

CONTESTING A WILL – WHAT HAPPENS WHEN THE WILL IS MADE ABROAD (PART 2 OF 3)

This blog follows on from our first of three (blogs) dealing with the issues arising where a Will which is made abroad, is subject to a potential Will dispute or Will contest claim. Our comments below are for general consumption only and offer a guide to what one has to consider when a Will is made abroad. The most important issue for us is whether any claims arising can be […]

CONTESTING A WILL – WHAT HAPPENS WHEN THE WILL IS MADE ABROAD (PART 1 OF 3)

This is a complex area of law in will contest and will dispute claims. Accordingly we have divided it into three parts. Our comments below are for general consumption only and offer a guide to what one has to consider when a Will is made abroad. The most important issue for us is whether any claims arising can be dealt with in the English and Welsh courts. Can claims arising […]

CONTESTING A WILL – THE PROBLEM WITH COSTS (PART 3 OF 3)

THE VEXED QUESTION OF “WHO PAYS” IN YOUR WILL DISPUTE OR WILL CONTEST CLAIM Surely if I win my will dispute or will contest claim, my opponent will pay? After all, the loser always pays doesn’t he? Well I am afraid the answer is not necessarily and in any event what do you/we mean by “win”. The latter question is for another day. There are a number of hurdles to […]

CONTESTING A WILL – THE PROBLEM WITH COSTS (PART 2 OF 3)

THE VEXED QUESTION OF “WHO PAYS” IN YOUR WILL DISPUTE OR WILL CONTEST CLAIM Surely if I win my will dispute or will contest claim, my opponent will pay? After all, the loser always pays doesn’t he? Well I am afraid the answer is not necessarily and in any event what do you/we mean by “win”. The latter question is for another day, but let us assume you win at […]

CONTESTING A WILL – THE PROBLEM WITH COSTS (PART 1 OF 3)

THE VEXED QUESTION OF “WHO PAYS” IN YOUR WILL DISPUTE OR WILL CONTEST CLAIM Surely if I win my will dispute or will contest claim, my opponent will pay? After all, the loser always pays doesn’t he? Well I am afraid the answer is not necessarily and in any event what do you/we mean by “win”. The latter question is for another day, but let us assume you win at […]

challenging wills and property co ownership

CONTESTING A WILL – DISTRIBUTING THE ESTATE IN THE FACE OF A CHALLENGE AGAINST THE WILL

CAN EXECUTORS FACED WITH A CHALLENGE AGAINST THE LEGAL VALIDITY OF A WILL SAFELY DISTRIBUTE THE ESTATE? This scenario might arise where after a Grant of Probate, a claim is raised or maintained that a Will is not legally valid; the most common claims in this regard are: 1. a claim the Will wasn’t properly signed (or at all) by the person making the Will and/or because his or her […]

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