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WHERE WINTER PROVIDES A SUMMER OF DETRIMENT

Will claim Solicitors, specialist no win no fee will dispute and will contest Solicitors, discuss whether it is necessary to prove a likely loss to establish detriment in Proprietary Estoppel claims  Proprietary Estoppel claims and the requirement to establish detriment or detrimental reliance Proprietary Estoppel is a legal device by which the courts can determine rights over a property notwithstanding a written enforceable agreement is not in place with no […]

ADULT CHILD FINANCIAL PROVISION CLAIM AND GETTING OVER 50% OF THE ESTATE

Will claim Solicitors, specialist no win no fee will dispute and will contest Solicitors, discuss whether an adult child in a financial provision claim under the Inheritance (Provision for Family and Dependants) Act 1975 can ever get over fifty percent of the deceased’s estate Claims by adult children for financial provision under the Inheritance (Provision for Family and Dependants) Act 1975 (“the Act”) Adult children are very commonly the least […]

WHAT HAPPENS WHEN THE ORIGINAL WILL GOES MISSING

Will claim Solicitors, specialist no win no fee will dispute and will contest Solicitors, discuss what happens when the original will goes missing Tracing a Will There are a number of obvious resources – see for instance: Tracing a Will – Will Claim Solicitors One should also consider writing to local Solicitors (in particular those the deceased mayhave used in the past), advertising in the Solicitors Gazette and/or conducting a […]

THE REMOVAL OF EXECUTORS AND PERSONAL REPRESENTATIVES 

Will claim Solicitors, specialist no win no fee will dispute and will contest Solicitors, discussthe removal of Executors and Personal Representatives What are Executors and Personal Representatives? Executors and Personal Representatives generally mean the person or persons entrusted withthe administration of an estate of a deceased person. This can mean an “Executor” appointedby a Will or where there is no Will, (“an Administrator”) under the rules of intestacy. In thisinstance […]

Running a Late Application for Financial Provision on Behalf of a Disappointed Adult Child

Will claim Solicitors, specialist no win no fee will dispute and will contest Solicitors, provide a snapshot of the key points to bear in mind in connection with a late application for financial provision on behalf of a disappointed adult child What is a financial provision claim and when is it late? We have addressed basic principles in relation to adult child financial provision claims in our previous blogs: HOW […]

Commentary on Antonio v Williams

Commentary on Antonio v Williams

Will claim Solicitors, specialist no win no fee will dispute and will contest Solicitors, consider the new case of Antonio v Williams Antonio v Williams – a further claim for financial provision under section 2 of the Inheritance (Provision for Family and Dependants) Act 1975 The case of Antonio v Williams [2022] EWHC 2383 (Ch) is a claim by the brother of the deceased for financial provision based on the […]

Will Contest and Will Dispute Claims

Knowledge and Approval and Undue Influence in Will Contest and Will Dispute Claims

Will claim Solicitors, specialist no win no fee will dispute and will contest Solicitors, discuss knowledge and approval and undue influence in Will contest and Will dispute claims Reeves v Drew [2022] EWHC 159 (Ch) In this very recent case both knowledge and approval and undue influence were raised as the key grounds for contesting the Will as per the following link: Reeves v Drew & Ors [2022] EWHC 153 […]

guide to disputing will

A Point by Point Guide to Contesting or Disputing a Will

Will claim Solicitors, specialist no win no fee will dispute and will contest Solicitors, provide a point by point guide to contesting or disputing a will Key points in disputing or contesting a will We have addressed basic principles in our previous blog: https://www.willclaim.com/contesting-a-will-basic-principles-part-1-of-2/ We intend to distil them even further below to help casual reader embroiled in a will dispute or will contest claim identify useful elements which could […]

Common Grounds Disputing a Will

Which of the Most Common Grounds for Contesting or Disputing a Will Are Successfully Pursued by Us

Will claim Solicitors, specialist no win no fee will dispute and will contest Solicitors, identify which of the most common grounds for contesting or disputing a Will most often lead to a successful claim In our previous blog we identified the most common grounds for contesting or disputing a Will. We refer to various “claim types”. However, we are often asked to try and identify which of the most common […]

common grounds for disputing a will

What Are the Most Common Grounds for Contesting or Disputing a Will

Will claim Solicitors, specialist no win no fee will dispute and will contest Solicitors, consider the most common grounds for contesting or disputing a Will Will claim Solicitors, specialist no win no fee will dispute and will contest Solicitors, consider the most common grounds for contesting or disputing a Will: https://www.willclaim.com/claim-types/grounds-to-contest-a-will/gclid=EAIaIQobChMI2dCmn6PN9wIVh5ftCh2ybgvPEAAYASADEgLqa_D_BwE The most common examples of situations where a legitimate claim could arise are probably these and/or a combination of […]

Undue Influence by Dishonest Aspersions

Undue Influence by Dishonest Aspersions

Will claim Solicitors, specialist no win no fee will dispute and will contest Solicitors, consider how undue influence by dishonest aspersions can invalidate a Will How undue influence by dishonest aspersions to a testator can lead to an invalid Will At a guess the bulk of our enquiries relate to challenges against the legal validity of a Will on the basis of undue influence and usually by the disappointed beneficiary. […]

overturning the will

Overturning the Will on the Ground the Testator Was Delusional

Will claim Solicitors, specialist no win no fee will dispute and will contest Solicitors, highlight how a Will can be overturned by proving the testator was delusional “Insane delusion” – the perpetual bridesmaid of Will contest and Will validity disputes The bulk of claims against the legal validity of Wills concern questions over, for example: Even in our own website there is nothing mentioned on the primary page about “Will […]

types of contentious probate claim

Types of Contentious Probate Claim That We Deal

Will claim Solicitors, specialist no win no fee will dispute and will contest Solicitors, highlight the types of contentious probate and Will dispute claims which they most commonly deal with Typically what type of Will contest and Will dispute cases do we deal with? We highlight the broad range of the types of Will dispute and Will contest claims that we deal with below, although they are largely referred to […]

books on shelf

Hughes v Pritchard a Restatement of Principles (Part 1 of 2)

Will claim Solicitors, specialist no win no fee will dispute and will contest Solicitors, consider the impact of the Court of Appeal’s decision to overturn Hughes v Pritchard What did the first instance decision of Hughes v Pritchard decide? The first instance decision of Hughes v Pritchard was a decision by HHJ Jarman against the legal validity of a Will prepared by an experienced Solicitor who had also received a […]

restatement if principles

Hughes v Pritchard a Restatement of Principles (Part 2 of 2)

Will claim Solicitors, specialist no win no fee will dispute and will contest Solicitors, consider the impact of the Court of Appeal’s decision to overturn Hughes v Pritchard THIS IS THE SECOND OF OUR TWO PART ARTICLE ABOUT THE RECENT HUGHES DECISION BY THE COURT OF APPEAL “Presumption” that a Will prepared by an experienced lawyer is valid? Whilst overturning HHJ Jarman’s decision seemingly in part because not enough weight […]

Adult Child Inheritance Act Claim

Another Adult Child Inheritance Act Claim

Will claim Solicitors, specialist no win no fee will dispute and will contest Solicitors, explore another recent decision on an adult child financial provision claim What is an adult child financial provision claim and what are the significant factors relating to it? These are Will contest or Will dispute claims by adult children for financial provision from a parent’s estate. They are made under section 2 of the Inheritance (Provision […]

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More on Proprietary Estoppel

Will claim Solicitors, specialist no win no fee will dispute and will contest Solicitors, explore another recent decision on Proprietary Estoppel What is a Proprietary Estoppel claim These are claims which rely on the court’s inherent “equitable” jurisdiction to uphold what in layman’s terms is or ought to be a fair outcome, given the circumstances or because of a nonbinding “agreement” between parties. In general a party relying on Proprietary […]

Update on Adult and Minor Children Claims Under the 1975 Act (Part 1 of 2)

Will claim Solicitors, specialist no win no fee will dispute and will contest Solicitors, provide an update on adult and minor children claims under the Inheritance (Provision for Family and Dependants) Act 1975 What does the Inheritance (Provision for Family and Dependants) Act 1975 do? In England and Wales an individual has an inalienable right to leave his or her estate to anyone or however that person sees fit. As […]

Update on Adult and Minor Children Claims Under the 1975 Act (Part 2 of 2)

Will claim Solicitors, specialist no win no fee will dispute and will contest Solicitors, provide the second of two updates on adult and minor children claims under the Inheritance (Provision for Family and Dependants) Act 1975 What does the Inheritance (Provision for Family and Dependants) Act 1975 do? In England and Wales an individual has an inalienable right to leave his or her estate to anyone or however that person […]

family holding hands

Marriage, a Trap for the Deceased’s Children

Will claim Solicitors, specialist no win no fee will dispute and will contest Solicitors, discuss why a parent’s marriage can leave his/her children with no inheritance and no options What happens to the estate of a parent once he or she marries? Once again, we are discussing the “rights” of children to the estate or a share of the estate of a parent in England and Wales. We have previously […]

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