If you are searching for ‘contesting a Will solicitors near me’, you likely require legal advice and support regarding your eligibility for contesting a Will. As a longstanding private client firm with an outstanding reputation in this niche practice area, our expert Wills and Probate solicitors are the perfect choice.
Please call us now on 01603 672222 for a no-obligation conversation today or Click Here To Make An Online Enquiry.
“Victoria has been such a breath of fresh air! We cannot thank her enough for lifting this stressful time we have been through. Thank you.”
When Can You Contest A Will?
You cannot contest a Will simply because you are disappointed with its terms. However, there are some, albeit limited, circumstances in which the terms of a Will might be open to challenge. They are as follows:
• The Will Is Invalid.
If the Will does not meet the legal criteria applicable to validity, you may be able to contest it. Those criteria include that the Will had been made voluntarily and the person who made it (known as the ‘testator’) had been of sound mind at the relevant time.
• The Will Does Not Make Reasonable Financial Provision For You.
These types of claims are brought under the Inheritance (Provision for Family and Dependents) Act 1975, which is usually referred to simply as the ‘Inheritance Act’.
To make an Inheritance Act claim, you must fall within a specific category of people or have been financially dependent on the deceased. Examples of the categories of people eligible include the deceased’s spouse or civil partner, the deceased’s children, and anyone who was treated as a child of the deceased’s family.
Anyone other than the deceased’s spouse or civil partner is only entitled to such provision as is reasonably necessary for their maintenance. Essentially, this is the amount required to allow you to live in neither poverty nor luxury.
If you are the deceased person’s surviving spouse or civil partner, you are entitled to a higher level of maintenance. The Court will take account of the standard of living you enjoyed before the testator’s death and consider the financial settlement you would have likely received had your marriage or civil partnership ended in divorce or dissolution rather than your partner’s death.
• The Testator Broke A Promise They Made To You.
If the testator made you a specific promise during their lifetime but reneged on that promise in their Will, you may be able to contest the Will. Crucially, though, you can only do so if the promise had been entirely unambiguous and if you had acted on it to your detriment.
Contesting a Will can be incredibly difficult. A fundamental principle of English law is that the terms of a Will are sacrosanct and should not be interfered with save in exceptional circumstances. Having said that, where there are concerns over the validity of the Will or if its terms are unfair or leave the deceased’s dependents in financial difficulty, the Courts may agree to intervene and change the effects of the Will as necessary.
What Do The Best Solicitors For Contesting A Will Offer?
The best solicitors for contesting a Will are those who will go the extra mile for their clients. We are proud to enjoy long-lasting relationships with many of our clients, who consistently seek our advice and guidance on their legal affairs.
Just some aspects of our service that receive high praise from clients include the following:
• Our Legal Expertise.
We began life as a specialist private client firm, so we have a deep understanding of the law governing Wills and Probate matters. While we have enjoyed considerable expansion over the past few years, and now offer a wide range of legal services, such as dispute resolution, personal injury, and family law, our Wills and Probate work remains central to our practice.
• Our Personal Approach.
We couple the experience and skill of a large law firm with the personal service you’d expect from local solicitors. We are proud members of our local communities, and value each and every client. We take the time to get to know our clients and devise legal strategies that align with their concerns and priorities, ensuring we work towards achieving the outcome they desire.
• Our Cost-Efficiency.
We are mindful of our clients’ concerns over legal costs and are committed to providing high-quality legal support at affordable rates.
Our expertise in our practice areas enables us to identify proportionate, cost-effective solutions to our clients’ legal issues and to execute our strategies swiftly. Our firm policy is to be completely transparent in our billing practices. We will provide ongoing quotes and breakdowns as your matter progresses, so you can keep on top of your legal costs and budget accordingly.
Please call us now on 01603 672222 for a no-obligation conversation today or Click Here To Make An Online Enquiry.
“You couldn’t improve the service, it was faultless. I found dealing with Simper Law an absolute pleasure from the first phone call to completion of my Will. Everyone I spoke to was helpful and friendly and Kim made the whole process easy and stress free. Many thanks and I won’t hesitate to recommend you.”