Will Dispute Solicitors Essex - Romford, Brentwood, Upminster
Legal Framework for Will Disputes in the UK
Losing a loved one is one of the most difficult things any of us have to go through. The grieving process can be made all the more difficult when there is a dispute over a Will or someone is contesting a Will.
Lawyers often refer to disputes around inheritance and challenging the validity of Wills as ‘contentious probate’.
Criteria for Valid Will Disputes
Disputes over someone’s Will and their Estate can be unpleasant, and distressing as they often involve close family relationships.
There may be concerns with the terms of the Will itself, or a dispute over how the estate is administered. Financial claims may be brought by individuals who have been left out of the Will or who have not been left as much as they need.
If you have any concerns that the formalities for a valid Will have not been complied with, either as a named executor or potential beneficiary, then it’s important that you seek legal advice promptly.
If a solicitor or will writer has not drawn up the Will properly, or has given negligent advice, this may be grounds for a claim in professional negligence.
Alternatively, if the Will is valid, but you feel that you’ve been left out, treated unfairly or have not been properly provided for by a family member or someone you depended on, you might be able to claim financial provision under the Inheritance Act 1975.
Common Reasons for Disputing a Will
Contested Wills Enquiry
Fill out the form and a member of our team will get in touch to discuss how we can help.
Want of due execution
There are strict rules are governing the signature of Wills. It is not uncommon for the person making the Will, and their witnesses, to get this wrong. Where a professionally drafted Will is invalid as a result of drafting errors we can advise on bringing claims for professional negligence against solicitors or will writers.
Undue influence
Undue influence is when a person coerces someone into changing their Will to benefit themselves.
Reasonable financial provision
Expectations of reasonable financial provision will depend upon the type of applicant, you can learn more below.
Mistake in Will or improper administration
Where a Will does not reflect the deceased’s wishes, or where an estate is not properly administered, you may be able to claim.
Invalid Wills
A Will can be challenged on several different grounds including a failure to follow the formalities needed to make a Will, this may make it invalid.
Process of Contesting a Will
There are strict times limits and rules around disputing a Will so make sure you seek legal advice from a specialist. It can also be a very emotional and stressful process.
Types of Disputed Wills Cases
Grounds for challenge include:
- The will is not in the proper form
- The person who made the Will was not of sound mind at the time – they did not have capacity to make a Will
- The person did not understand, know or approve the contents of the Will
- The will was made as a result of undue pressure from a third party
- The will was forged or fraudulent
Legal Steps in Resolving Will Disputes
The main reasons for disputing a Will are:
- (perhaps unsurprisingly) not being happy with the inheritance received
- claim that the estate was not being distributed properly
- claim that the testator lacked capacity when they made the will
- claim that someone had coerced the testator to change the will
Disputes are more common among family members, usually siblings, but up to one in three disputes were apparently started by non-family claimants, such “colleagues" or neighbours of the deceased.
You can contest a Will if you are:
- A beneficiary under the Will.
- An individual or organisation that was promised an inheritance.
- An individual or organisation that has been disinherited.
- A third party affected by the present or previous Will.
- An individual who is or was related to the deceased or who was dependent upon the deceased.
Not all cases involving disputes about inheritance are about challenging a Will. Sometimes, wording of a Will may not be clear enough, or there may be a clerical error, or the will drafter may have failed to appreciate the intentions of the testator. In such cases, an application can be made to the court for rectification of the Will.
Will disputes should be resolved before they reach court. Sometimes this is possible through mediation or other forms of alternative dispute resolution. This isn’t always possible and if the parties cannot reach an agreement, then court proceedings will be needed.
Importance of Legal Representation in Will Disputes
Because of the complications around disputing a Will, as well as the strict time limits and policy rules, it is important to use a specialist will dispute solicitor.
Mullis & Peake Law Firm: Expertise in Will Dispute Services
At Mullis & Peake Martyn Trenerry will be your contesting a Will solicitor. He has 30 years litigation experience and is a specialist in contentious probate and all types of Will disputes. You can contact Martyn today on 01708 784042.
Legal Requirements in Wills Disputes
- The Will must have been entered into by someone over the age of 18
- The Will must be in writing
- The Will must be signed
- The Will must be signed in the presence of two witnesses. If the witness is a beneficiary of the Will, or married to a beneficiary of the Will, that witness cannot subsequently inherit
- There are strict rules are governing the signature of wills. It is not uncommon for the person making the will, and their witnesses, to get this wrong
- For a Will to be valid the person making the Will must have testamentary capacity
Legal Requirements in Wills Disputes
The cost to contest a Will depends on:
- The type of dispute
- The evidence available
- The number of parties who are involved in the dispute
- Whether the parties are willing to negotiate – sadly parties often adopt entrenched positions in such matters
During a Will dispute, each person or party is responsible for paying their own costs.
Mediation and Alternative Dispute Resolution in Wills
With inheritance disputes, contested Wills and contentious probate claims you often having grieving family members and so mediation and alternative dispute resolution maybe worth exploring.
Services Offered by Mullis & Peake in Will Dispute Cases
Contesting a Will
We have extensive experience in contesting Wills and defending the validity of Wills, and also in bringing and defending applications which are made by people who have been unfairly disinherited.
Contentious Probate
Contentious Probate is the legal term when there is a dispute over a Will or someone contests an estate or a trust.
Dispute over Burial, Ashes and Funeral arrangements
Disagreements between family members over burial and funeral plans are not uncommon.
Lost, Damaged or Destroyed Will
What to do if a Will has been lost, damaged or destroyed.
Making a Claim Under the Inheritance Act
What are the grounds for making a claim under the Inheritance Act?
Reasonable Financial Provision
What does reasonable financial provision mean?
Promise or Gift Before Death
Can a gift made before death be challenged?
Proprietary Estoppel: Definition, Meaning, Examples
What is proprietary estoppel and how to claim?
Frequently asked questions
It’s a good idea for you to have a Will, so you can include people that you wish to benefit. If you do not make a Will upon your death, your estate will be distributed in accordance with the intestacy rules. This means that you may benefit members of your family that you did not intend to benefit. Your estate may also end up paying more tax than you need to.
Will writing isn't a regulated activity and that basically means that anybody can make a Will. You can even make one yourself. But if you use a law firm, not only will you get expert advice, so it's not just a secretary or service that will type up what you ask them, but you'll get expert advice and importantly, you will also get tax planning advice, so it could save you tens and possibly hundreds of thousands of pounds. Plus you have the added benefit of protection, because law firms will be regulated, they'll be insured and so your loved ones won't lose out in the event something does go wrong.
If negotiations and preliminary steps do not lead to a resolution, you may need to go to court.
There are a number of possible time limits in probate and inheritance claims, which will depend upon the individual circumstances of each case.
- Inheritance Act claim: 6 months from the date of grant
- Rectification claims: 6 months from the date of grant
- Beneficiary making a claim against a Will: 12 years from date of death
- Fraud/claiming against an executor for appropriating estate assets: No time limits applies
Mullis & Peake have specialists in disputed Wills ready to help you. Contact us online today or call us on 01708 784000.
Alternatively, request a call back to have one of our team contact you at a time that suits.
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Paul qualified as a solicitor in 2010 and specialises in Residential Property matters.
