Contentious Probate Disputes: Why Mediation Is Often the Best Solution In some cases We know that disagreements over wills, inheritance, executors, or estate administration are now at record levels given the number of Court cases issued at High Court. While court proceedings are sometimes necessary, litigation is not always the most effective way to resolve…
Stopping a Probate Application There are lots of reasons why you may wish to stop probate from issued. To do this there is a legal procedure called a Caveat. This effectively puts a stop on probate for a period of some 6 months, unless a warning is served or court proceedings are issued ( see…
We sadly see lots of cases in which wills have been altered or changed after the person making the will was diagnosed with dementia. This article focuses on what steps can be undertaken to contest a will if the person making the will had dementia. What is dementia ? Dementia UK states that Dementia is…
Can I contest a will if I was Promised something ? This weeks case study on contesting a will, focuses on broken promise claims (legally called Proprietary Estoppel ) the facts are taken from a real case in which we acted for the successful claimant. The background facts are relatively straightforward. Mr A was married…
If you are unhappy with a will we can help, contentious probate is simply the term ( given by lawyers ) to explain a dispute relate to a will or someone’s estate. Given this we find the most common contentious probate matters relate to :- Disputes relating to the validity of a will Actions against…
The most frequently asked question is whether probate is required to close a bank account. Confusion arises because most banks have differing limits as to when they are prepared to close an account without probate. If probate is not required then the bank will require a small estates indemnity which confirms that the person closing…
When someone dies, and probate is issued a will becomes a public document, after the Court issue a grant of probate. The government maintains a database of all wills which is easily searched online with wills, dating back to 1858. You can search by clicking here.. The situation with Royal Wills is however very different…
We are often contacted by relatives, who have discovered that they have been left out of a will, if so how do you contest a will ? The starting point is immediately to seek help, from a solicitor experienced in contested probate, for the following reasons :- there are very strict time limits – for…
The UK’s Trusted Probate Specialists If you are handling the estate of a relative or family friend, a frequestly asked question is how much money is required before probate will be required ? Lets start with what probate means. Probate is simply the legal term given to the process that is followed after someone has…
We frequently receive lots of calls from clients concerned as to whether a will is invalid. So when does a will become invalid ? The Will The starting point is the will itself. There are very strict rules which set out how a will must be executed. These rules provide that for a will to…
The UK’s Trusted Probate Specialists If you are a beneficiary under a will, there is nothing more frustrating than an Executor failing to undertake their task in administering an estate. Typically, we find that the most common grounds for frustration and disappointment are :- delay in administering an estate simply failing to disclose a copy…
If you have discovered that you have been left out or cut out of a will, how can a will be overturned ? Essentially, there are four main ways of contesting a will :- The will An issue with the will. For a will to be valid it must be signed, dated and witnessed by…
Given the current pandemic sadly many people are thinking of making a will, with this there are lots of questions about the validity of wills, in particular who can be a witness ? The starting point is the Law. The rules relating to the formal requirements of wills are contained in the Wills Act 1837,…