Inheritance Disputes

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How to stop a Will being challenged? Inheritance solicitor, Chris Holten, looks at the steps you can take to prevent a Will being contested.   We deal with contested Wills on a national basis, representing those wishing to uphold a Will, as well as those who are challenging one. We can also advise on how to minimise the chances of a challenge when a Will is being drafted. Call our free legal helpline for a free case assessment on 0808 139 1606 or send...

Court takes 'success fee' into consideration when calculating award in No Win, No Fee wills and probate dispute. We are experienced No Win, No Fee wills and probate solicitors, dealing with a large number of cases on a national basis. Call our Contentious Probate Team on freephone 0808 139 1606 or email [email protected] for a free case assessment and details of our No Win, No Fee funding scheme. In the case of Bullock v Denton & Willoughby a claim was brought by a cohabitee against...

Chris Green, a solicitor specialising in contested Wills, looks at witnessing a Will during social distancing With the current lockdown and restrictions in place due to COVID-19, a major question has arisen over witnessing a Will during social distancing and whether it is still possible to execute a valid Will at this time. The legal formalities for a valid Will to be made are set out in the Wills Act 1837, a piece of legislation which is over 180 years old. Amongst those...

'What can I do if I am left out of a will?' A specialist inheritance lawyer summarises your options 'What can I do if I am left out of a will?' This is a very common question and the good news for those facing this problem is that there are a number of legal options open to you. Among these are making a claim under the Inheritance Act, contesting the validity of the will and pursing an equitable interest claim. Specialist inheritance lawyer Naomi...

A daughter has won her inheritance claim against her father's estate We are experienced inheritance claim solicitors, representing clients nationwide on a No Win, No Fee basis. Call our free legal helpline on 0808 139 1606 or send an email to us at [email protected] We recently represented a daughter in an inheritance claim against her father’s estate under the Inheritance (Provision for Family and Dependants) Act 1975. The claim was strongly opposed by her sisters. Inheritance claims must be brought promptly and she came to...

The rights of unmarried couples are as different to those of married couple's rights in death as they are in life. So, what are a partner's rights to an estate when their loved one passes away? We specialise in estate disputes involving unmarried people who have lost their partner and are facing financial difficulty as a result. We represent claimants nationwide and can usually deal with estate claims on a No Win, No Fee basis. Call us on 0808 139 1606...

Our contentious probate team are experienced in dealing with discretionary trust disputes. Partner, Naomi Ireson, looks at a recent case involving a trustee who transferred trust assets to herself and was found to have breached the rule against self-dealing.   Details of the discretionary trust dispute A declaration of trust established under a Will provided for the assets in the estate to pass to one of the trustees. This included the deceased’s share in a holiday park business. A discretionary trust dispute arose when the trustee acquired an additional 15%...

A case we are currently dealing with has raised a very interesting issue regarding the legal principal of 'abatement' in relation to the administration of a deceased person’s estate. In this brief article we address the question, 'what is abatement?' and give an example of how the principle can be incorrectly applied. Background There are two general types of legacy that can be included in a Will: (i) Specific Legacies – Gifts of specified assets, for example a particular property, piece of jewellery or art work;...

When a surviving spouse receives a statutory legacy under the intestacy rules it is important not to overlook their entitlement to interest, writes contentious probate solicitor Chris Green. When a person passes away without leaving a valid will, the rules of intestacy come into action. These are default provisions which determine who is entitled to benefit from the deceased's estate. If the deceased was married (or in a civil partnership) at the time of their death and had children, then the intestacy rules...

How to challenge a Will. We look at the most common grounds for challenging the validity of a Will under UK law.   Our lawyers are experts in inheritance law and are happy to provide free initial guidance on how to challenge a Will or defend a Will that has been challenged. Call our national helpline on 0808 139 1606 or email us at [email protected]   The grounds for challenging the validity of a Will When considering how to challenge a Will you must first identify the...