What do I do if someone disputes the Will/Estate?
Disputes can arise in several different ways. Disappointed family members, civil partners, cohabitees, heirs, beneficiaries or others may make claims for what they consider to be their entitlements, or perhaps challenge the validity of the Will.
If you receive notification or a claim, have reason to expect a claim, or simply want to know where you stand, you should say nothing and contact us and we will respond quickly and we will call back at a time suitable to you, without obligation.
I want to contest the Will – What do I do?
A person making a Will does not have carte blanche to leave his or her estate any way he or she wants. The law imposes a number of restrictions, especially as to the treatment of spouses, civil partners, cohabitees and children and these can override a Will.
Very strict format and signing requirements apply for Wills to be valid.
Wills can be set aside if made under unsatisfactory circumstances such as undue influence, lack of knowledge and understanding or mental incapacity. They can also be set aside where someone shows that he or she was made a promise, relied on that promise and the promise is unfulfilled.
Claims can also be made against negligent and/or fraudulent Executors/Administrators.
When it comes to contesting Wills, the law is complex and strict time limits can apply.
If you are contemplating a claim, or simply want to know where you stand, you should say nothing and consult us immediately.
Is there anything else I should consider?
We recognise that litigation can be costly and therefore advise clients as to alternative, yet effective, methods of achieving their goal.
If you would like us to help you, or if you would simply like to have a chat to discuss your options, don’t hesitate to contact us.