Inheritance Disputes

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Entering an appearance after a warning has been served  You may wish to consider entering an appearance after a warning has been served in a probate dispute if you want your caveat to remain in force. This is a brief guide to the legal process. We have prepared separate guides on entering a caveat and entering a warning, which contain helpful background information. When a warning is sent to you, you have just 14 days to enter an 'appearance to warning' (generally referred...

A quick guide to  challenging a will on the grounds of want of knowledge and approval For a Will to be valid the testator (the person who made the Will) must have knowledge of the terms of the Will and approve its content. If they didn't have the required knowledge and approval then the Will can be challenged and declared invalid. Challenging a Will on the grounds of want of knowledge and approval often meets with more success than other types of challenge...

Challenging a Will on the grounds of undue influence: A legal guide   We are inheritance dispute specialists. So if you are thinking about challenging a Will on the grounds of undue influence then give our free legal helpline a call on 0808 139 1606 or send an email to us at [email protected]   The term 'undue influence' is used when a testator (the legal term for a person making a Will) is coerced into making their Will in a way that benefits the person who...

Entering a warning: a guide to the legal issues If you are the Executor or Administrator of an estate and a caveat has been entered it will prevent you from obtaining probate. You can read our article on caveats here. Although a caveat only lasts 6 months, they can be renewed, so there is potential for the caveat to obstruct the administration of the estate in the long term. So what can you do if someone enters a caveat in an...

Entering a caveat: beware, a simple typo can make it ineffective What is a caveat? Entering a caveat will prevent a grant of probate from being issued in an estate of a person who has passed away. A caveat can be issued without notice being given to the executors of the estate or the beneficiaries. Caveats are frequently used where there is a dispute concerning the validity of a Will. They are also used where a dispute between executors has arisen, where there...

A recent case has clarified what happens if you find a Will after probate has already been granted. The case related to the estate of Dean Brunt who tragically took his own life in December 2007. Following Dean’s death, his mother obtained a Grant of 'Letters of Administration', on the basis that Dean had passed away intestate (i.e. without leaving a Will). It was then not until 2016/2017 when a Will made by Dean in 1999 was discovered. It was signed by Howard...

'Can I contest my parent's Will? Contested Wills lawyer, Naomi Ireson, looks at this and other questions often asked by children about inheritance law.   We specialise in contested Wills and inheritance claims. Call our free legal helpline on 0808 139 1606 or send an email to [email protected]   Can I contest my parent’s Will while they are still alive? No, it is not possible to contest the Will of a living person. We can discuss potential claims against your parent’s Will if you are unhappy with...

In an earlier article we explained that there is no such thing as 'the common law wife' (or husband) in English law. So, what happens if my partner dies? What inheritance rights do I actually have? Well, the key point to take on board is that unmarried partners do not have the same inheritance rights as their married counterparts. This is the case even where they have been living with their partner as 'husband and wife' for many years and have...

So, what is a Large v Nugus request? You will often see the phrase, 'Larke v Nugus request' mentioned, but what actually is a Large v Nugus request?   A Larke v Nugus request is made when you ask the solicitor who prepared a disputed will to provide a statement about the circumstances in which it was prepared. These statements are frequently requested where the validity of a will is being challenged on the grounds of lack of testamentary capacity, undue influence or...

Challenging a will and the important role that mediation can play in reaching an of of court settlement quickly and economically.   The specialist inheritance dispute team at Slee Blackwell has found mediation to be very effective when challenging a will. Typically, we conduct a couple of mediations every month on behalf of clients nationwide. We therefore consider ourselves not only specialists in dealing with disputed wills, but also specialists in resolving disputes through mediation. Call for a free case assessment and details...