Contested Wills and Probate disputes

Whenever anybody chooses to dispute a loved one’s will it is never an easy decision.

There are a number of reasons this can happen for example

1. Do you believe that the Will was not executed correctly?

2. Did the deceased lack the capacity to make the Will?

3. Did they lack the knowledge and approval or were they unduly influenced?

4. You may even believe a fraud has taken place.

If you feel you have been unfairly left out of a Will, but you are a dependant and believe you have not been sufficiently provided for, you can make a claim

This can be done under the Inheritance Act and must be done within 6 months of any Grant of Probate.

DISPUTING WILLS

If you can answer yes to any of the following questions you may have a claim.

1. Do you believe the person making the Will did not have sound mind, memory or understanding of what they were doing?

This is often difficult to prove and usually requires medical evidence. However, the court will also consider evidence such as the deceased’s relationship with friends and family before they died. Any previous Wills will also be considered.

2. Do you believe somebody has persuaded/compelled the deceased to make or change a Will?

A person must make a Will voluntarily and any disputes MUST be proved.

3. Do you believe the Will is defective in some way?

Is it signed and witnessed properly? Is it a home made Will? Was it done on the internet using a template?

The Will may still be valid but one of our experts will be able to advise.

4. Do you want to dispute the administration of the Will?

Are the executors not fulfilling their duties?

Are you joint executors and can’t agree on how the estate is managed?

Do you feel an executor is acting unfairly? Or are you an executor that needs guidance/advice to protect yourself from claims from beneficiaries?

It is always a difficult decision to make but our Contested Wills and Probate specialists will help you every step of the way.

Please call Nick Berry (Halifax & Brighouse ) or Roy Dunn ( Huddersfield) for FREE, no obligation  advice or complete our CALLBACK form and we’ll call you

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