Disputes about existing Wills, or the fact that no Will has been made can make things harder than necessary
If you need help with disputing or contesting a Will, or perhaps if there are disputes relating to the probate, our Team can offer expert advice.
Our Team can advise if:
- You do not think a Will is valid and want advice on contesting a Will
- You do not think that you have been properly provided for in a Will or intestacy (where there is no Will)
- Someone is disputing or contesting a Will or making a claim against a Will/Estate and you need to defend the claim.
Grounds for contesting a Will
If there is a dispute about a Will, it can be very difficult for family and for Executors alike. The Court will consider the validity of a Will for the following reasons:-
- Lack of testamentary capacity
- Lack of knowledge and approval
- Undue influence
- A fraudulent or forged Will
- Lack of valid execution of the Will or because
- The Will needs to be rectified or there is a dispute about the way in which the Will should be construed
Our Team have a wealth of experience in this area of the law and will advise you on the issues, what steps can be taken to protect your position and what investigation needs to be undertaken to establish whether the Will should be relied upon.
Claims against estates
Sometimes when someone dies those close to them will feel that they have not been properly provided for under the terms of a Will or through an intestacy. In those circumstances claims can sometimes be made under the Inheritance (Provision for Family and Dependants) Act 1975. For more information about these claims see www.wilsonbrowne.co.uk/services/personal/wills-trusts-estates/contesting-will-failing-provide/
Whether you are wishing to make a claim or trying to defend a claim that is being brought against an Estate, our Team can advise on the way forward and will work to achieve a resolution for you that preserves as much of the Estate as possible.
Click on the link : Intestacy Rules Flowchart; Or click here to download a pdf
Click on the : Pre-October 2014 Intestacy Rules flowchart; Or click here to download a pdf
Call us today on 0800 088 6004, we are all the help you need
Rectification Of A Will: Incorrect Number Of Shares The Team were instructed by clients who had identified that a Will contained a calculation error when the residue was divided into shares. An application to rectify the Will was made to the Court. The Deceased wished to leave his Estate to a variety of friends and local […]More
The Team were instructed to apply for the removal of an Executrix for failure to take steps in the administration of the Estate. Despite considerable patience on the part of beneficiaries and subsequent attempts to enter into correspondence, the Executrix failed to engage with the beneficiaries and remained living in the deceased’s property despite the […]More
The Team were instructed by a lady whose partner had died. She had been living with him in a house in his sole name and was partly reliant upon his pension and savings income for her maintenance. When he died without leaving a Will his Estate passed to his nephews, being his closest living relatives. […]More