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 […]
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 […]
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 […]
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 […]
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 […]
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 […]
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 […]
Here are some legal principles for those of you counting yourselves “legal buffs”, brought up to date by Deputy Master Arkush in Rita Rea v Remo Rea and others, 13 September 2019, EWHC 2434 (Ch) (https://www.bailii.org/ew/cases/EWHC/Ch/2019/2434.html) I will explain in layman’s terms in my next blog! Issues 55. In David’s closing submissions on behalf of the defendants, he made it clear that they did not pursue their case that Mrs […]
General 1. It sounds obvious but your no win no fee Solicitor in relation to a will dispute or will contest case is only likely to be willing to work for you under a no win no fee arrangement, if they consider that they can win your claim (although there are certain types of claim which they might be willing to take on speculatively). 2. It also sounds obvious to […]
1. Do I have any rights in law to my former partner/common law wife/husband’s estate? In short, no, absent a Will in your favour. There is no right to inherit from a former partner/common law wife/husband’s estate unless the relationship was formalised by marriage or by means of a “Civil Partnership” in law which is similar to a marriage. 2. Can I bring a claim against my former partner/common law […]
Until recently, it didn’t appear to be possible for a Court to force both parties in a Will dispute or Will contest claim to engage in so-called “alternative dispute resolution”. So what you might think? Surely a trial would be the best form of resolution anyway and what in any event is “alternative dispute resolution”? If you are content to let a Judge decide your Will dispute or Will contest […]
Whilst securing your lawyer to deal with your will dispute or will contest claim under a no win no fee arrangement might tempt you to go “gung ho” towards a trial, it should not be your first thought. A greater understanding of the costs and risks involved in a trial should help to temper this. For instance, it is not unusual for each party to accumulate costs well in excess […]
WILL CONTEST CLAIM – TEN STEPS TO CONSIDER TO SECURE OUR NO WIN NO FEE ASSISTANCE (BUT NOTE IF THIS INFORMATION IS NOT AVAILABLE OR ONLY PARTLY SO, WE MIGHT STILL BE ABLE TO HELP YOU SO PLEASE DO ASK!) SECURING NO WIN NO FEE ASSISTANCE IN A WILL DISPUTE CLAIM It is not unfortunately a given that in every Will dispute or Will contest case, one of our lawyers […]
1. DO YOU WORK ON EVERY SINGLE WILL DISPUTE CASE WHICH IS REFERRED TO YOU? We will only work on a will dispute and will contest case where we think we can win it. This means that the no win no fee arrangement in will dispute and will contest claims operates as a natural filter to ensure that our clients do not waste time in dealing with a contest over […]
1. WHAT PERCENTAGE OF YOUR WILL DISPUTE CLIENTS DO YOU WORK FOR UNDER A NO WIN NO FEE ARRANGEMENT? We act for about 99% of our will dispute and will contest clients under a no win no fee arrangement. 2. WHAT DO YOUR WILL DISPUTE AND WILL CONTEST CLIENTS HAVE TO PAY UPFRONT AND/OR AS THE CLAIM PROCEEDS UNDER A NO WIN NO FEE ARRANGEMENT? Our will dispute and will […]
In the Sunday Times on 21 October 2018 a family Will dispute involving a £28m fortune was reported on in detail (https://www.thetimes.co.uk/article/family-torn-apart-by-28m-fortune-fp5fnmsbn), and was cited as “extremely bitter, long-running and costly”. The article appears to have arisen as a result of a published appeal relating to costs associated with the dispute (Griffin v Higgs and others 2018 EWHC 2498 (ch) – see https://www.casemine.com/judgement/uk/5bbc78c02c94e077fac1106b). What was this will dispute case about? […]
If you’re considering legal action to contest a will, the chances are you will be trying to work out which firm of solicitors to use to represent you. And no doubt, one of the big questions you want answered is how easy is it to contest a will – and win? It’s a worthwhile question to ask. Legal action of any kind can be stressful and exhausting; it can also […]
You may feel aggrieved by the provisions of a will – but what are the practicalities of contesting wills in the UK? In the wake of the death of a relative, a close friend, there are many things to contend with, not least your grief. Notwithstanding how difficult the weeks and months that follow, there are many practical steps that need to be taken when someone close to you has […]
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 […]
As unpalatable as it may seem following the death of a loved one, if the deceased’s will does not make provision for you, you will need to act quickly to bring a claim for maintenance under the Inheritance (Provision for Family and Dependants) Act 1975. In the aftermath of the death of your spouse or parent, the last thing that might be on your mind as you plan a funeral, […]
