Will claim Solicitors, specialist no win no fee will dispute and will contest Solicitors, discuss the risks of taking a case to a trial (even in the face of a notice under CPR 57.7(5)) Is it the case that in relation to Will dispute and Will contest claims which are lost at trial the parties costs are paid by the estate? The issue here is what happens to your lawyers […]
Will claim Solicitors, specialist no win no fee will dispute and will contest Solicitors, discuss proving that a Will has been forged Who has the burden of proving that a Will has been forged? Rather strangely to some, it is actually the beneficiaries of the disputed Will (which is claimed to be genuine) who bear the burden of proving that it is a perfectly valid Will.We considered this issue before […]
Will claim Solicitors, specialist no win no fee will dispute and will contest Solicitors, discuss who it is who can bring claims against the legal validity of a Will Who is it who can bring claims against the legal validity of a Will? It seems strange to deal with this question but it is often an issue. We receive quite a large number of enquiries from “interested persons” such as […]
Will claim Solicitors, specialist no win no fee will dispute and will contest Solicitors, discuss the risk of losing a will dispute or will contest claim in relation to a will prepared by a Solicitor supported by the testator’s GP in compliance with the “golden rule” Can a Will prepared by a Solicitor who complies with the “golden rule” be overturned? In general a Will that is prepared by a […]
Will claim Solicitors, specialist no win no fee will dispute and will contest Solicitors, discuss a recent case which they successfully resolved and reflect on the result The facts – grandmother’s decision to leave her home to her grandson is overturned by a disputed Will These are the salient facts (with some adjustment to anonymise the parties):• Our client lived with and was brought up by his grandmother and she […]
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 […]
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 […]
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 […]
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 […]
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.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 […]
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 […]
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 […]
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 […]
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 […]
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 […]
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 […]
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, […]
Will claim Solicitors, specialist no win no fee will dispute and will contest Solicitors, discuss some recent changes in relation to the preparation and contesting of Wills A permanent change to section 9 of the Wills Act 1837? What is the change? Section 9 of the Wills Act 1837 governs the formation of Wills. All Wills must comply with its requirements otherwise they will not be valid in law and […]
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 our previous blog we discussed whether a disappointed beneficiary can sue a Solicitor who failed to prepare a Will in […]