Our will disputes solicitors specialise in assisting clients involved in will disputes of all types, including disputes over the validity of a will, claims against executors and administrators, and Inheritance Act claims. We combine exceptional legal expertise with a human touch, and we always seek to resolve will disputes quickly and amicably to maintain important relationships and allow everyone involved to concentrate on coming to terms with the loss of a loved one.
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When Do Will Disputes Arise?
We are all entitled to leave our estate to whoever we wish, and simply being disappointed by the terms of a loved one’s will does not give you a legal right to challenge it. However, the Courts recognise that there are certain situations in which it may need to intervene to alter the distribution of an estate.
Will disputes can arise for a variety of reasons, with some of the most common being the following:
• Will Disputes Over The Validity Of The Will.
To be legally valid, a will must satisfy several legal requiremTnts intended to avoid scenarios such as dishonourable individuals taking advantage of the person making the will.
The legal criteria applicable to wills are as follows:
- The person making the will must be aged at least 18.
- The person making the will must have done so voluntarily.
- The person making the will must have been of sound mind.
- The will must be in writing.
- The person making the will must have signed it in the presence of two witnesses.
- The witnesses must have signed the will in the presence of the person making the will.
If you suspect that a loved one’s will may not satisfy all the above requirements, you may be able to challenge its validity. If your challenge succeeds, the Court may order that the estate be distributed in accordance with an earlier will or, if no earlier will exists, the Rules of Intestacy.
• Will Disputes Over The Handling Of An Estate By An Executor Or Administrator.
Your loved one will have nominated certain individuals to administer their estate in accordance with the terms of the will. Those individuals are known as ‘executors’.
Executors are tasked with several important duties, including valuing the estate, clearing its debts and liabilities, and distributing the remaining assets according to the deceased person’s wishes.
In recognition of the high levels of trust placed in executors, they are subject to a number of strict legal obligations. For example, they must act with honesty, and everything they do must be in the estate’s best interests. If an executor does not adhere to these legal duties, anyone who suffers loss as a result may be able to bring a claim against them. If their claim succeeds, the Court may order the executor to repay those losses from their own pocket.
• Will Disputes Over The will Not Providing ‘Reasonable Financial Provision’ For You
If you relied on the deceased person for financial support during their lifetime and are unable to meet your living costs following their death, you may be able to challenge the will on the basis that it does not make ‘reasonable financial provision’ for you.
If you bring a claim as anyone other than a spouse or civil partner, ‘reasonable financial provision’ refers only to your basic maintenance needs, such as housing. If you could meet those needs without the deceased person’s help when they were alive, you will struggle to make out a claim.
If you were the deceased person’s spouse or civil partner, the Court will take account of your wider circumstances. As a starting point, the Judge may consider what your position would have been had you and the deceased person divorced. In doing so, they will take your overall lifestyle into account when deciding whether the will makes ‘reasonable financial provision’ for you.
How Can Our Will Disputes Solicitors Help?
Our will disputes solicitors have extensive experience in wills and probate claims. We understand the sensitivity of matters of this type and the need to handle them with care and empathy.
We always strive to avoid litigation, using alternative dispute resolution methods, such as mediation, wherever possible. These methods are usually cheaper, quicker, and less stressful than litigation, and often produce excellent results. They also reduce the acrimony involved in the will dispute so can help preserve key family relationships.
Whichever method of dispute resolution you pursue, we will be by your side from the outset of your matter until its resolution, providing concise and straightforward legal advice at every stage.
Please call us now on 01603 672222 for a no-obligation conversation today or Click Here To Make An Online Enquiry.
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