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CONTESTING A WILL WITH WILLCLAIM SOLICITORS NO WIN NO FEE SPECIALISTS – A SELECTION OF OUR WILL CONTEST AND WILL DISPUTE ENQUIRIES

Will claim Solicitors, specialist no win no fee will dispute and will contest Solicitors, provide some sample enquiries (anonymised) and our responses Will dispute and Will contest enquiry – “my wife witnessed a Will where I am a beneficiary” The enquiry My step father died 4 years ago, probate was granted in November 2019. The house has just sold and monies are ready to be distributed. I was named in […]

CONTESTING A WILL WITH WILLCLAIM SOLICITORS NO WIN NO FEE SPECIALISTS – MISTAKES IN WILLS AND WHAT CAN BE DONE ABOUT THEM

Will claim Solicitors, specialist no win no fee will dispute and will contest Solicitors, discuss mistakes in Wills and what can be done about them What can be done to correct mistakes in Wills Mistakes pre death Mistakes before the Will writer (“testator”) has died can be corrected by two simple means: Firstly a new Will can be prepared; or Secondly a “Codicil”, which is, if you like, an addendum […]

CONTESTING A WILL WITH WILLCLAIM SOLICITORS NO WIN NO FEE SPECIALISTS – CAN SOMEONE WITH NO OR INSUFFICIENT MENTAL CAPACITY MAKE A VALID WILL?

Will claim Solicitors, specialist no win no fee will dispute and will contest Solicitors, discuss whether an individual with no or insufficient mental capacity can make a valid Will What degree of mental capacity is required to make a valid Will? This is very often the key issue in Will dispute and Will contest claims, in particular in relation to elderly relatives, many of whom, seem particularly keen to rewrite […]

CONTESTING A WILL WITH WILLCLAIM SOLICITORS NO WIN NO FEE SPECIALISTS – IS THE INFANT OR MINOR CHILD A FAVOURED APPLICANT UNDER THE ’75 INHERITANCE ACT

Will claim Solicitors, specialist no win no fee will dispute and will contest Solicitors, discuss whether the infant or minor child (a child under the age of 18) is a favoured applicant under the ’75 Inheritance Act in Will dispute and Will contest claims What issues arise in relation to infant or minor children claiming financial provision under the Inheritance (Provision for Family and Dependants) Act 1975? The main issues […]

CONTESTING A WILL WITH WILLCLAIM SOLICITORS NO WIN NO FEE SPECIALISTS – WHAT IS THE CORRECT TEST OF MENTAL CAPACITY IN WILL DISPUTE CASES

Will claim Solicitors, specialist no win no fee will dispute and will contest Solicitors, discuss what the correct test of mental capacity is in Will dispute and Will contest claims Why is there an issue with the appropriate test for mental capacity in Will dispute and Will contest claims? We have touched on this in a numerous previous blogs, see for example:www.willclaim.com/contesting-a-will-with-willclaim-com-understanding-capacity-to-make-a-will/ The basic point is this. An individual must […]

CONTESTING A WILL WITH WILLCLAIM SOLICITORS NO WIN NO FEE SPECIALISTS – CAN A SPOUSE BRING A CLAIM FOR PROPRIETARY ESTOPPEL TO SECURE THE MATRIMONIAL HOME

CONTESTING A WILL WITH WILLCLAIM SOLICITORS NO WIN NO FEE SPECIALISTS – CAN A SPOUSE BRING A CLAIM FOR PROPRIETARY ESTOPPEL TO SECURE THE MATRIMONIAL HOME What is a Proprietary Estoppel claim? We have discussed this in a previous blog, see:www.willclaim.com/proprietary-estoppel-inheritance-dispute/ Essentially the equitable concept of “proprietary estoppel” in Will dispute or Will contest claims is a device by which the courts can enforce a “binding” promise by one person […]

CONTESTING A WILL WITH WILLCLAIM.COM NO WIN NO FEE SPECIALISTS – ESSENTIAL FACTS TO BE CLEAR ABOUT WHEN ASKING US TO CONSIDER A NO WIN NO FEE ARRANGEMENT

CONTESTING A WILL WITH WILLCLAIM.COM NO WIN NO FEE SPECIALISTS – ESSENTIAL FACTS TO BE CLEAR ABOUT WHEN ASKING US TO CONSIDER A NO WIN NO FEE ARRANGEMENT What sort of Will dispute or Will contest claims might we deal with under a no win no fee arrangement We previously discussed the sort of claims we were likely to take on under a no win no fee arrangement in a […]

CONTESTING A WILL WITH WILLCLAIM.COM NO WIN NO FEE SPECIALISTS – THE INHERENT DANGER OF A TRIAL

Will claim Solicitors, specialist no win no fee will dispute and will contest Solicitors, discuss how trials can go horribly wrong in unexpected ways and what this means for concluding a Will contest or Will dispute claim Why is it dangerous to take a Will contest or Will dispute claim to trial? As most practitioners in this field know, a trial has an often unexpected way of drawing out facts […]

CONTESTING A WILL WITH WILLCLAIM.COM NO WIN NO FEE SPECIALISTS – DO PRIVILEGED ADULT CHILDREN HAVE SPECIAL RIGHTS?

Will claim Solicitors, specialist no win no fee will dispute and will contest Solicitors, discuss whether children brought up in relatively affluent circumstances have special rights as an adult in relation to their parents’ estate Can adult children bring a claim for financial provision if they are disinherited? We have discussed this in previous blogs. Yes, adult children can bring claims for financial provision against the estate of their parents […]

CONTESTING A WILL WITH WILLCLAIM.COM NO WIN NO FEE SPECIALISTS – WHAT CAN BE DONE ABOUT A POORLY DRAWN UP WILL?

Will claim Solicitors, specialist no win no fee will dispute and will contest Solicitors, discuss some of the steps that can be taken to remedy a badly drawn up or drafted Will What can be done about a badly drawn up or drafted Will? In this instance we are discussing errors in drafting or ambiguous terms. We did previously consider issues to do with mistakes on the part of the […]

CONTESTING A WILL WITH WILLCLAIM.COM NO WIN NO FEE SPECIALISTS – ANOTHER KNOWLEDGE AND APPROVAL CASE

Will claim Solicitors, specialist no win no fee will dispute and will contest Solicitors, discuss the unusual ground for contesting the legal validity of a Will in Will dispute and Will contest claims called knowledge and approval What is the requirement of knowledge and approval in Will contest and Will dispute claims? The requirement is simply this; the testator (the person making the Will) must know and approve its contents. […]

CONTESTING A WILL WITH WILLCLAIM.COM – EIGHT CLAIMS WE ARE LIKELY TO TAKE ON UNDER A NO WIIN NO FEE ARRANGEMENT

Will claim Solicitors, specialist no win no fee will dispute and will contest Solicitors, reveal eight claims that they are likely to take on under a no win no fee arrangement What sort of Will contest claim or Will dispute claim are we likely to take on under a no win no fee arrangement? We gave an example of a claim in a previous blog at: https://www.willclaim.com/contesting-a-will-a-recent-case-study/ Most of the […]

CONTESTING A WILL WITH WILLCLAIM.COM NO WIN NO FEE SPECIALISTS – A STARK WARNING ON COSTS TO OBSTRUCTIVE AND PICKY DEFENDANTS

Will claim Solicitors, specialist no win no fee will dispute and will contest Solicitors, discuss the dangers of refusing to negotiate costs in relation to Will contest and Will dispute claims What sort of behaviour in Will contest claims or Will dispute claims do the courts like to see? We have previously written about the dangers of not engaging in what the courts (Judges) describe as ADR or “alternative dispute […]

CONTESTING A WILL WITH WILLCLAIM.COM – WHAT MAKES A WORTHWHILE WILL CONTEST CLAIM

Will claim Solicitors, specialist no win no fee will dispute and will contest Solicitors, discuss the factors which make a Will contest claim worthwhile Why does size matter in Will contest or Will dispute claims? You will find some basic information about how to dispute and contest a Will in our earlier blogs, for example: https://www.willclaim.com/contesting-a-will-basic-principles-part-1-of-2/ It seem obvious to say this but unfortunately size does matter in Will dispute […]

CONTESTING A WILL WITH WILLCLAIM.COM – DOES AN ADULT CHILD NEED TO HAVE A MORAL CLAIM TO WIN

Will claim Solicitors, specialist no win no fee will dispute and will contest Solicitors, discuss whether an adult child has to have a moral claim to win in relation to disputed and contested Wills Why would an adult child need a moral claim to win in relation to a disputed or contested Will? A moral claim is definitely not a requirement where an adult child of the deceased is bringing […]

CONTESTING A WILL WITH WILLCLAIM.COM – UNDERSTANDING CAPACITY TO MAKE A WILL

Will claim Solicitors, specialist no win no fee will dispute and will contest Solicitors, discuss capacity issues in relation to disputed and contested Wills What mental capacity is required to make a valid Will We have touched on this critical issue in several previous blogs, for example: https://www.willclaim.com/5-things-aware-claiming-lack-testamentary-capacity/ And: https://www.willclaim.com/how-to-contest-a-will-the-capacity-required-to-make-one/ There are a huge number of learned articles and discussion pieces about this in the context of disputed or contested […]

CONTESTING A WILL WITH WILLCLAIM.COM – WHAT IS SO SPECIAL ABOUT ADULT CHILDREN?

Will claim Solicitors, specialist no win no fee will dispute and will contest Solicitors, discuss claims by adult children under the Inheritance (Provision for Family and Dependants) Act 1975 Overview of Will disputes by adult children (of the deceased) In England and Wales a mother or father can disinherit their children because they can legally make a Will with no provision for them. Whilst this might seem wrong to most […]

CONTESTING A WILL WITH WILLCLAIM.COM – A GENERAL GUIDE TO OUR SERVICE

Will claim Solicitors, specialist no win no fee will dispute and will contest Solicitors, provide a general guide to their service Overview of Will claim Solicitors no win no fee service We provide details about our no win no fee arrangements at https://www.willclaim.com/no-win-no-fee/. What follows is a general description of what to expect from us in every no win no fee will dispute and will contest claim that we handle, […]

HOW TO CONTEST A WILL – LESSONS IN CHALLENGING A WILL (PART 2)

Will claim Solicitors, specialist no win no fee will dispute and will contest Solicitors, discuss why contesting the legal validity of a Will is not an all or nothing issue Why isn’t challenging the legal validity of a Will an all or nothing issue? It is perfectly reasonable for one to believe that a Will is either valid or it is not. After all, if applicable, either it has been […]

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HOW TO CONTEST A WILL – LESSONS IN CHALLENGING A WILL (PART 1)

Will claim Solicitors, specialist no win no fee will dispute and will contest Solicitors, discuss why it can be difficult to challenge a Will even where there is no defence Why is it sometimes difficult to challenge a Will even where there is no defence? This was the position in Teresa Ann Coles v Heather Christine Reynolds and another 2020 EWHC 2151 (Ch) (https://www.bailii.org/ew/cases/EWHC/Ch/2020/2151.html). She brought a claim against the […]

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