Losing a loved one can be incredibly distressing, and your distress can be exacerbated if you discover that their will does not provide for you in the way you had hoped. Our expert will dispute solicitors have vast experience advising clients in this situation and give concise, straightforward advice with the appropriate sensitivity. They also regularly advise executors and administrators dealing with claims made against an estate.
Please call us now on 01603 672222 for a no-obligation conversation today or Click Here To Make An Online Enquiry.
When Can A Will Be Disputed?
English law respects our freedom to deal with our estate howsoever we wish. Accordingly, mere disappointment on the part of another in and of itself is insufficient to dispute the validity of a will or challenge its terms. However, there are a few discrete situations in which the law might intervene to alter the provisions of a will. These situations include –
- Where the validity of a will is in doubt
The law sets out specific criteria that a will needs to meet to be valid. They are –
- the person making the will was at least 18;
- the will was made voluntarily;
- the maker of the will was of sound mind;
- the will is in writing;
- the will was signed in the presence of two witnesses;
- those witnesses signed the will in the presence of its maker.
If the terms of a will come as a shock, you might be concerned that your loved one was coerced into dealing with their assets in a particular way or was suffering from a condition which diminished their capacity. In cases such as these, you may be able to challenge the will on the basis that it does not satisfy the validity criteria because the maker was not acting voluntarily or was of unsound mind. Our expert will dispute solicitors regularly advise clients on the legal merits of such challenges and will guide you through the process of disputing a will.
- Where the will fails to make ‘reasonable financial provision’ for you
The Inheritance (Provision for Family and Dependents Act) 1975 allows people in specified categories to challenge a will if it does not make ‘reasonable financial provision’ for them. Those categories include a spouse, child (or those akin to a child) and anyone else who depended on the deceased financially.
To succeed in a claim under the Inheritance Act, anyone other than a spouse or civil partner must prove they require financial support from the deceased’s estate to meet their essential maintenance needs. Following a successful Inheritance Act claim, the Court may override the terms of a will and make provision for the financially dependent person.
Strict time limits apply to Inheritance Act claims, and you should seek legal advice from expert will dispute solicitors as soon as possible to avoid inadvertently jeopardising your case.
- Where the deceased fails to keep a promise made during their lifetime
If the deceased promised to leave a specific asset to you in their will but failed to do so, you may be able to bring a claim against the estate under the legal principle known as ‘proprietary estoppel’.
The purpose of proprietary estoppel is to remedy an unfair situation. To succeed in a proprietary estoppel claim, you will need to prove that the deceased made a binding promise to you, that you relied on that promise to your detriment, and that it would be unfair to allow the deceased to go back on their word.
An example of a case in which proprietary estoppel may be invoked is where you worked for the deceased for little or no pay, on the basis that they had promised you a share of the business on their death.
The remedies available in a successful proprietary estoppel claim are broad and depend on the circumstances of the case. The Court may order that you be given financial compensation from the estate, or that the asset promised to you be transferred.
Other situations that our will dispute solicitors regularly advise on include claims relating to the alleged mismanagement of an estate by the executors or administrators, professional negligence claims against those who prepared the will and succession disputes regarding who should take control of the deceased’s business or estate.
What Should I Consider When Looking For Will Dispute Solicitors Near Me?
If you are searching for ‘will disputes solicitors near me’, it is safe to assume that you are in the unhappy position of wanting to contest a will. You are not alone. Will disputes are on the rise for various reasons, including the prevalence of do-it-yourself wills, increased wealth, and the make-up of modern families. Our team of expert will dispute solicitors are praised by clients for being ‘friendly, knowledgeable and efficient’ and ‘going the extra mile’. Their wealth of experience in dealing with will disputes enables them to identify practical as well as legal solutions, and they will strive to achieve a favourable outcome for you in the least acrimonious way. If your matter requires legal intervention, they will guide and support you through the process, ensuring you understand each stage and answering any queries you may have swiftly and comprehensively.
How Much Do Will Dispute Solicitors Near Me Cost?
Every will dispute is different, and the costs involved will depend on the nature and complexity of the issues, and whether the Court’s involvement is necessary. We understand that legal fees can cause additional worry at a stressful time, and our policy is to always provide the best possible legal advice in the most cost-effective way. There are several ways in which the costs of your matter may be covered, including monthly billing, third-party funding and monthly billing. Our will dispute solicitors will discuss all of the funding options available to you during your initial meeting.
Please call us now on 01603 672222 for a no-obligation conversation today or Click Here To Make An Online Enquiry.
