Dealing with disputes of any type can be stressful but a dispute regarding a Will or someone’s estate can be particularly upsetting, whether you are the person challenging the will or the person on the receiving end of a challenged will. Will disputes or estate disputes can add considerable strain to relationships, especially if they involve family members. It is important to use a Will Dispute Solicitor you can trust to resolve this legally complex situation right from the outset. Often starting the process yourself can add delay and extra cost to a emotionally charged situation. Seeking expert legal advice at an early stage to help resolve matters can potentially avoid costly court proceedings. We make every effort to promote settlement using informal methods and mediation where possible.
What are the grounds for a Will dispute?
Will disputes are becoming increasingly common and grounds for contesting a will include:
- A Will which was not properly executed
- The deceased lacked the necessary mental capacity at the time of making the Will
- The person making the Will lacked knowledge and approval of its contents
- The person making the Will was subject to undue influence or duress
- A Will which is a forgery or fraud
- The deceased made promises to you during their lifetime and you relied on those promises
- You may also be able to make a claim for provision from an estate under the Inheritance (Provision for Family and Dependants) Act 1975 on the basis that proper provision has not been made for you under the terms of the will
Who can dispute a Will?
This is quite a complex question, usually it is those who would have inherited a share of the estate if the deceased had died intestate. However it can also be beneficiaries or executors of prior Wills. There are of course exceptions to these rules, you should contact us if you feel you may have a valid legal reason to challenge a Will to receive an expert opinion.
We offer advice on:
- Contesting a Will
- Inheritance disputes and Inheritance Act Claims
- Disputes regarding powers of attorney
- Incapacity and the Court of Protection
If you or a member of your family are concerned in any way about a will or someone’s estate we can assist you. We will deal with the matter with sensitivity and understanding in a effort to ensure family relationships are maintained whilst always ensuring that your interests are protected.
If you would like to receive help with a Will Disputes or to simply discuss your situation then please contact Kay Donalson by email or telephone her on 01202 551863.