take independent legal advice to avoid a challenge to your will later on

Legal advice and Undue Influence

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 […]

A no win no fee arrangement can be a great way to handle legal costs in a will claim

The benefits of a no win no fee agreement in a will dispute

When you are thinking about any kind of legal action, a key concern will be the legal costs involved. It is no different when you are planning to challenge a will. It is a complex area of law, and you will need specialist legal advice and support to help you navigate the process, and succeed in your will claim. A no win no fee arrangement offers a sensible approach to […]

choose a will dispute solicitor

Will dispute solicitor – how to choose

Whether you wish to challenge a will, or you find yourself on the receiving end of a will dispute, you will almost certainly need expert legal advice. At a time when you will already be vulnerable following the death of a loved one, you need to choose a will dispute solicitor. Let’s be honest, it’s probably the last thing you want to do. On the other hand, choosing the right […]

challenge a will on grounds of undue influence, lack of knowledge and approval, forgery, lack of testamentary capacity and failure to properly execute the will

5 ways to challenge a will

If you have been disappointed by the contents of a will, it’s natural that you will want to take action to challenge the will and rectify the situation. Sometimes it will be enough to bring a claim under the Inheritance (Provision for Family and Dependants) Act 1975 to for ‘maintenance’. In other cases, it will be necessary to show that the will was invalid and so should not stand. In […]

Do you think you are considering a suspicious will? Is there a question mark over some aspect of it?

How to spot a suspicious will

You may already be worried about the circumstances in which a relative or loved one drew up a will – we looked at these in an earlier blog, Spotting Suspicious Behaviour Surrounding a Will . On the other hand, you may not have had any cause for concern until you have seen the will, after the Testator has died. If, at this point, you are disappointed by the contents of the […]

Whether you use a vintage fountain pen or note, a larke v Nugus statement will be useful evidence in a will dispute

Evidence to challenge a will: a Larke v Nugus Statement

The evidence needed to challenge a will successfully can be difficult to obtain – not least because by definition, the person who made the will is deceased. However, if a solicitor was involved in drawing up the will that you now intend to challenge, their evidence may be important. If a solicitor did draw up the will you think is invalid, obtaining a ‘Larke v Nugus’ statement will be part […]

legal texts may be of use in your will dispute. If you reach court, a judge will be involved to decide what the outcome should be.

Who will be involved in a will dispute?

The legal system can be confusing if you haven’t had any experience of it before you needed to challenge a will. Here we look at the people who will be involved and the roles they play in your will dispute. If you find yourself in the position where you feel you must take steps to challenge a will -either because you think the will is invalid, or because you feel […]

thumbs up for knowledge and approval when executing a will

The importance of knowledge and approval

A recent case has highlighted the importance of making sure that a Testator knows that they are executing a will, and understands and approves the contents of that will One of the bases for challenging a will is that the person who made the will did not have knowledge and approval of the contents of the will. In the recent case of Poole v Everall the courts had to determine this […]

piles of money to illustrate what is reasonable financial provision after teh case of Wooldridge v Wooldridge

Will I have to pay costs if I don’t challenge a will

A lesson learned for those who force an estate to take action to prove a will, but have no reasonable grounds to challenge the will and take no steps to do so. In most cases where someone wants to have a will ‘proved’ but does not bring an active case to challenge the validity of the will themselves, a ‘no costs’ rule applies. An exception is when the court decides […]

passing of time represeented by flowers and a clock face

Intestacy – can I challenge the rules?

We talk a lot about how to challenge a will, but what happens if someone dies without making a will? In this blog, we look at the intestacy rules, how they work in practice, and your options if you aren’t included. A number of high profile personalities have passed away recently without leaving a valid will, meaning that the intestacy provisions have received quite a lot of publicity. Rik Mayall, […]

wax seal on a document

What evidence do I need to contest a will?

The grounds to challenge a will There are specific grounds on which you can challenge a will as being invalid. We’ve covered them before, but it’s always worth repeating. Briefly, you are looking at the following: the ‘mental capacity’ of the person making the will (the ‘testator’), whether there was ‘undue influence or coercion’, lack of ‘knowledge or approval’ of the contents of the will by the testator, whether the […]

black and white image of disappointed little boy sitting on steps

Left without an Inheritance? What can you do?

If you’ve been left without an inheritance, what options do you have to challenge a will? There have been a number of high profile examples of people challenging a will because they feel they feel cheated of their inheritance. Not only that, a number of high profile figures have announced that they will not be leaving an inheritance for their children: Anita Roddick of the Body Shop, cook and writer […]

confused lady wondering whether she can contest a will

Can I contest a will?

Can I contest a will? It’s a question we’re often asked, and a recent case considered the wider question of who has sufficient ‘interest’ to contest a will. To challenge a will, you must be able to show that you have an ‘interest’ in the estate of the deceased person – usually close relative or someone who has been treated as such. In a recent case, Randall v Randall [2016] […]

legal documents for consideration

The (almost) A-Z of a will dispute

Will dispute? Confused by legal jargon? Our blog should help make things clearer! The law that applies in the case of a will dispute is full of technical language, much of it deriving from years gone by, and often difficult to understand, even by lawyers who specialise in other areas of the law.  Our (almost) A-Z guide should help you get to grips with what’s going on – and if […]