Will Dispute Lawyers

Will Dispute LawyersOur will dispute lawyers specialise in assisting those with concerns about a loved one’s will. We understand the need to handle matters of this nature with the utmost sensitivity to avoid exacerbating an already stressful situation. We offer straightforward legal advice and support aimed at resolving the issue as swiftly and amicably as possible and preserving important relationships.

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.”

How Can A Will Dispute Lawyer Help?

We are at liberty to leave our assets to the people and causes we choose, even if our decisions leave some disappointed. However, there are a few specific situations in which a will can be disputed. They include the following:

• The Will Is Invalid.

Given the importance of a will, it must satisfy various legal criteria to be valid. Those criteria are as follows:

  • The testator (the person who made the will) was 18 or over when they made it.
  • The testator made the will voluntarily.
  • The testator was of sound mind.
  • The will is in writing.
  • The testator signed the will in front of two witnesses.
  • The witnesses signed the will in front of the testator.

If a will satisfies all the above criteria, it is generally legally valid. Sometimes, however, the terms of a will are such that a testator’s loved ones are concerned that some requirements are not met. For example, if the testator left a considerable chunk of their estate to someone they had recently met, their loved ones may be concerned that they had been coerced or pressured into making the will. Proving undue influence can be tricky. You must establish actual undue influence and show that there was no other reasonable explanation for the terms of the will.

If you are concerned about the validity of your loved one’s will, we are here to help. We will review your case and advise you on the merits of your position and the likelihood of the Court finding that the will is invalid.

When a will is invalid, the testator’s estate will be distributed in accordance with the terms of any earlier will. If they did not make another will, the Intestacy Rules will dictate who inherits the estate.

• The Will Does Not Make ‘Reasonable Financial Provision’ For You

If you were financially dependent on the testator before their death, and their will fails to make ‘reasonable financial provision’ for you, you may be able to make a claim under the Inheritance (Provision for Family and Dependents Act) 1975.
To bring a claim under the Inheritance Act, you must belong to a specific category of people, which includes spouses, children, and anybody else who was financially dependent on the testator.

Crucially, anyone in a category other than that of spouse must prove that they need provision from the will to meet their living expenses. If you were able to do so without the testator’s help when they were alive, it is unlikely that your claim will succeed. Spouses and civil partners are in a better position; they do need to show they require help to meet their living expenses, but merely to maintain their lifestyle.

Our will dispute lawyers have vast experience in Inheritance Act claims. We will assess your situation and advise on your eligibility to make a claim. If your position has merit, we will build the strongest possible case to present at Court.

• The Deceased Reneged On A Promise Made During Their Lifetime.

If the testator promised to leave an asset to you in their will but did not, and if you acted to your detriment in reliance on that promise, you may be able to bring a claim under a legal principle called ‘proprietary estoppel’.

Proprietary estoppel steps in to remedy unfair situations. Anyone wishing to rely on it must prove that it would be unfair to allow the deceased to break their promise. For example, if you agreed to work for the testator for free in reliance on their promise that you would receive a share of the business in their will, the Court may decide that it had been unfair for the testator to renege on that promise.

The potential remedies in successful proprietary estoppel claims are wide and varied. They depend on the circumstances of the case and what would be a fair outcome. For example, the Court may decide that the asset you were promised should be transferred to you or that you should receive a lump sum payment from the estate.

Why Choose Our Will Dispute Lawyers?

When you choose our will dispute lawyers to assist you in disputing the terms of a will, you can be confident of receiving high-quality legal advice with a personal touch. We will guide you through the matter with care and empathy, working tirelessly to secure the very best outcome.

Please call us now on 01603 672222 for a no-obligation conversation today or Click Here To Make An Online Enquiry.

“There was a very warm welcome offered. Your staff are all amazing; courteous, polite, friendly and very knowledgeable. We were grateful for the translations of the complex legal language used in Wills and Life Trusts into simple understandable phrases. It was a great service we received.”