Will Disputes and Estate Disputes Solicitors in Bournemouth

A Will is a legal document which allows you to decide what happens to your money, property and possessions (estate) following your death. It is usually best to let a lawyer advise you when making a Will to ensure all the correct legal procedures are followed, and all your wishes are taken into account, particularly if you feel your Will may be contentious.

If someone dies without leaving a valid will, then the estate will be administered in accordance with the intestacy rules. Those included within these rules include a spouse, civil partner and children. Where there are none of these beneficiaries the rules provide for parents and siblings to inherit the estate. There is no provision in the rules for unmarried cohabiting couples.

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.

No, anyone can make a claim.

Will disputes are becoming increasingly common and grounds for contesting a will include:

1. A Will which was not properly executed
2. The deceased lacked the necessary mental capacity at the time of making the Will
3. The person making the Will lacked knowledge and approval of its contents
4. The person making the Will was subject to undue influence or duress
5. A Will which is a forgery or fraud
6. The deceased made promises to you during their lifetime and you relied on those promises
7. 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

We aim to resolve any dispute first through negotiation or mediation. Sometimes it is not possible to resolve the situation and the matter proceeds to trial. We will advise you of this and the process if required. Most cases are settled amicably and without the need to go to court.

The law allows for some people to claim for provision in a Will if they do not believe their current provision is fair or adequate. Our specialist Will Dispute Solicitor would be able to advise you if this is applicable in your case and be able to offer advice.

You cannot contest a will and its validity until the death of the testator. Ideally you should make a claim before the Grant of Probate is issued to ensure the assets are not distributed before the dispute is resolved. You can lodge a caveat at the Probate Registry to prevent the Grant being issued. However, one the Grant of Probate has been issued you have 6 months to claim. Although there are some exceptions, and the time limit can be longer. Our will dispute solicitor can advise you of the time limit in your individual case.

There are always steps you can make to try and prevent an inheritance dispute, these include updating your will as circumstances change, seeking advice of a qualified lawyer to ensure it is correctly executed and documenting why you have made the choices in your Will if they are not following normal intestacy rules. Our Probate Lawyers would be able to advise on your situation and ensure correct procedure if followed.