Contested will cases are on the increase with regular headlines of someone being Cut out of the Will, as a firm that specialise in contesting a will claims, we have proven track record of success in this area of law – you can review some of the many cases we have handled by clicking here. when contacted by prospective clients we are typically asked three main questions :-
- Can I claim ?
- Do I have a case ?
- How Much will it Cost ?
- is there a time limit to claiming ?
Can I claim ?
The first question is often the easiest to answer as determining whether you can claim is often fairly straightforward. Typically, the majority of claimants tend to fall into one of the falling categories :-
- a beneficiary named under a will or an earlier will of the deceased
- a blood relative of the deceased
- someone owed money by the deceased
- a person financially dependant upon the Deceased
- someone who had been promised something by the Deceased
Do I have a case ?
Whether you have a case is often the hardest as typically a lot of time and investigation is required to understand the background circumstances of the case, for example when was the will prepared, did the deceased have the capacity, did the deceased change his or her will close to their death all these questions often need answering when a will is disputed.
Sometimes however if a will is clearly invalid for example not signed or witnessed correctly we can immediately advise you that you have a strong claim, the same applies when someone has been financially dependant upon the deceased for many years and has not been left anything under a will.
The final message is Assume nothing ! whilst the internet is a very useful tool there are lots of headlines that can be misleading and only after speaking to an expert can you really know if you have a claim.
How Much will it Cost ?
The vast majority of clients we act for are under a No Win No Fee basis. This means that unless we are successful we don’t get paid. Typically, are costs are paid from the estate. If a No Win No Fee agreement isn’t appropriate we can always undertake investigations on a fixed fee basis., or on a deferred fee – we have a range of funding options available.
Is there a time limit to claiming ?
Like every area of law there are time limits to claiming and the time limit varies depending upon the nature of your claim. for example, if you have been financially dependant upon the deceased, then the time limit to claim under the Inheritance ( Family and Dependants ) Act 1974 is just 6 months from when someone has died ! the key is to get in touch with us straightaway if you want to contest a will – our expert is Tim Murden and he can be contacted at tim.murden@tmsolicitors.co.uk or by calling 01482 429985.