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:
It seem obvious to say this but unfortunately size does matter in Will dispute and Will contest claims. Most people will agree that it isn’t usually worthwhile fighting over “peanuts”. Regrettably, cherished possessions may similarly be worth very little; more often than not one has to pay a contractor to take them away. The same is sometimes true of jewellery, which I am told (and this could be wrong) can sometimes have more than a 100% mark-up when it is sold in shops.
Similarly, one needs to be careful when valuing property, for example the deceased’s home or other (rental) properties. Again, it might be obvious to say this, but it is necessary to take into account mortgages and in particular so-called life-time or equity release mortgages and other obvious estate liabilities including care home fees.
The net estate value is the value after deducting these liabilities and any outstanding loans and debts in the name of the deceased. There is also of course Inheritance Tax (called “IHT”) payable in general on the net estate if it is worth (in very general terms) more than £325,000 (at a rate of 40%!). For more comprehensive information about this, you should visit the relevant government website:
Finally, even if you employ a no win no fee Solicitor to deal with your Will dispute and Will contest or inheritance act claims, he or she is going to want to be paid if you win. The reality is that when the claim comes to reviewed at the outset and it is found the estate has no or only a very limited value, the work will stop or you won’t be offered legal services under a no win no fee arrangement at all. This is because in general your no win no fee Solicitor who works for you in relation to a Will dispute and Will contest claim is more likely than not going to be paid from the net estate; it is in very rare cases that the opposing party in such a claim will be forced to pay your Solicitors costs. The point here is that they are highly unlikely to agree to pay them and most of these cases are resolved by agreement.
Why it is necessary to have an interest in the Will contest claim or dispute?
We provide a general guide to our services which you may find useful in explaining this:
Again, it may seem obvious to say it, but you really do need to have an interest or potential interest in the Will claim or Will contest dispute to proceed with any claim. For instance, we have been approached by individuals who have no discernible relation to the deceased asking for help. It is possible for them to bring or defend a claim but they must have a benefit from the outcome or result they are seeking. The obvious example of a situation where a non-relative might have such a benefit is where he/she was a beneficiary in a previous Will (to the one that is being contested).
Clearly, in most instances a spouse (husband or wife) or child of the deceased is going to have such an interest. The same is sometimes true of a remoter relative.
What is a strong case in Will contest and Will disputes or Inheritance claims?
Naturally it is necessary to have a good or strong Will dispute or Will contest case to bring a claim. We have provided a case study detailing one such case recently:
What makes a strong Will claim or Will contest claim and Will dispute?
Here are some obvious examples:
• A Will which hasn’t been signed by the testator
• A Will which hasn’t been signed by the testator in front of two witnesses
• A Will which was executed by a testator who clearly wasn’t of sound mind
• A claim by a minor or disabled child who’s parent has disinherited them
• A claim by a child who was financially dependent on a parent who disinherited him/her
• A claim in professional negligence against a Solicitor who fails to sever a joint tenancy in relation to a property which was supposed to fall into an estate to be determined in accordance with a Will
• A claim in professional negligence against a Solicitor who fails to complete a Will in time (so that the potential testator dies before the Will is executed)
• A claim against an Executor who doesn’t distribute a deceased’s estate in accordance with the terms of his/her Will or if applicable by the rules of intestacy.
If you consider any of these facts and matters are of interest, are likely to apply to you, or you would like to ask us for more information about our no win no fee arrangement, or you simply want us to assess your claim, then please do not hesitate to contact us for a confidential no strings chat.
We provide details about our no win no fee arrangements at https://www.willclaim.com/no-win-no-fee/.