How long does it take to resolve a will dispute? You may have read about the long-running case of Ilot v Mitson which involved a dispute about a will in which a woman left her estate to animal charities rather than to her estranged daughter. The legal process took over 10 years, from the first court decision, to the final decision earlier in 2017 from the Supreme Court. While it’s […]
While medical evidence is an important factor in cases where the Testator’s capacity to make a will is disputed, there are other matters to be considered. When a will appears to be manifestly unfair, leaving out a child for no apparent reason, it must raise questions about the state of mind of the Testator. This will inevitably lead to a look at available medical evidence, and potentially expert medical evidence […]
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 […]
Where someone is seeking to challenge a will, they may be looking to argue that the person who made the will (the Testator) did not have ‘capacity’ to do so. Another possibility is that they have been subject to ‘undue influence’ at the time they made the will. In all these circumstances, medical evidence may be important. In this blog, we look at the role of medical evidence in a […]
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 […]
The High Court has recently considered a claim under the Inheritance Act 1975 in circumstances where the will left everything to the Testator’s wife, from whom he had been separated for many years, and nothing to his long term partner. We look at Martin v Williams [2017] EHWC 491 (Ch) . The Facts At the time of his death in 2012, Mr Martin had been separated from his wife, Maureen Martin, […]
Once you’ve engaged a solicitor to represent you in a will dispute, you may be surprised when he or she recommends using a barrister. It won’t always be necessary to use a barrister, but there are plenty of situations that arise when challenging a will (or defending a challenge to a will), when a barrister will provide vital advice both on legal matters and on strategy. In this blog we […]
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 […]
Many people hold a view of a legal dispute that includes a court room drama worthy of a John Grisham novel, but the reality is very different, and this applies as much in the context of a will dispute as to any other legal claim (criminal matters aside). Mediation now plays a big part in resolving will disputes – it’s a process of dispute resolution that you may not have […]
In a series of blogs in which we look at mediation and the role it plays in resolving a will dispute and other contentious probate matters, here we consider the benefits of mediation. What is mediation? Mediation is a form of dispute resolution which involves negotiation between the parties, managed by an independent mediator. Mediation will take place on a particular day, and in a specified location. The person bringing […]
Challenging a will can take two different forms – either a challenge to the validity of the will itself, or a claim for ‘reasonable financial provision’ under the Inheritance Act (essentially a claim that you should have been left more by the person who has died). You may not know yourself when you contact a solicitor which type of claim you will be bringing. However, although there will be differences, […]
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 […]
You may well have read stories in the press about high profile will disputes and the legal costs that are involved. While it’s true that bringing a challenge to a will is unlikely to come cheap, there are a number of options open to you which means you don’t have to find the money up front, and will only have to pay costs if you succeed in your claim. In […]
In our last blog (at least for now) about undue influence, we look at undue influence and fraudulent calumny We’ve covered the issue of ‘undue influence’ in a couple of recent blogs, looking at the principles of undue influence as set out in the case of Edwards v Edwards, and then looking at undue influence in practice, looking at some cases where undue influence was – and where it wasn’t […]
Considering the question of ‘undue influence’ in more detail As we recently explained, proving undue influence when challenging a will can be difficult – but it’s not impossible. In this blog we look at some examples of circumstances where the courts have determined that undue influence was present – and also some examples of where it wasn’t. Undue Influence – the principles In our earlier blog about undue influence, we […]
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 […]
What is a typical claim? Every case is different although there are broad similarities between cases. Typically though a claim w ill be one of two types: a claim that the Will is not valid (because there is something wrong with it) or a claim for financial provision from the estate. What things might make a Will invalid (in other words what could be wrong with it to mean that it […]
What is no win no fee? It is a type of contract between the solicitor and the client which means that the solicitor can only charge if the claim is won Does it mean that to win a claim you have to go all the way to a trial and be successful there? No absolutely not. Most of our claims for clients are settled before any court proceedings leading to […]
Here is a point by point summary of what is likely to happen in a typical will dispute where we are claiming against the validity of a will. I will provide details of a will dispute claim involving a claim for financial provision under the Inheritance (Provision for Family and Dependants) Act 1975. 1. Instructions received to contest the validity of a deceased’s will by her son on the grounds […]
1. You must be clear you have a right to claim; for instance there is no right to contest the validity of the Will if you have no interest in the estate once the Will you dispute is declared invalid. Further in a claim under the Inheritance (Provision for Family and Dependants) Act 1975, you must fall within the category of potential claimants set out in section 1, so that […]