If you’ve been left out of a Will or received a much smaller inheritance than expected, promised, or needed, we can help.
The English legal system prizes testamentary freedom above all else. Individuals are free to express their instructions in a Will, no matter how unfair they seem. However, there are certain occasions when you may be able to make a claim against an estate for financial provision or dispute the validity of a Will.
Emotions can run high following the death of an individual. Our team knows from years of experience that disagreements over an estate need careful handling. We offer thoughtful yet commercial and sensible advice designed to help parties reach an amicable conclusion. Where a settlement is not possible, we will guide you through the court process. We will provide clear, understandable legal advice that highlights the risks and the costs of each step of the process.
For our help with contesting a Will, or to simply discuss your options, call Matthew Whipp on 020 3814 2020, send an email to litigation@blasermills.co.uk. Alternatively, fill in our contact form.
A personal approach
Our team is renowned in the region and well-regarded nationally for our expert, resilient and strategic approach to contentious probate. We have taken many clients through the processes of securing inheritance provision and contesting questionable Wills.
Our honest and personal approach to litigation sets us apart. We believe you benefit the most when you know exactly where you stand, so we take the time to get to know you and give you a clear view of your rights and options, in a way that makes sense to you. Wills are emotive subjects and we’re not here to take the emotion out of the matter. Rather, we get to know your concerns and what you want to achieve, so that we can help you resolve the dispute quickly and cost-effectively.
When to contest a Will
When it comes to contesting a Will, it is important to act quickly. Contesting a Will after probate is granted can make the situation more complex. It is far less complicated and more cost-effective to find a resolution before a grant of probate is obtained and certainly before an estate is distributed.
You may wish to enter a caveat to prevent the grant of probate or letters of administration being obtained. The process is outlined here: Challenging a Will – Caveats – Blaser Mills Law
Investigating a Will’s validity
A Will needs several features to make it a valid, legal document. You can challenge a Will for the following reasons:
- Lack of proper execution, i.e., the Will was not signed, or the Will was not witnessed, not dated etc.
- Lack of testamentary capacity – the person making the Will did not fully appreciate the effect of what they were signing as they lacked mental capacity, usually due to a disease of the mind, such as dementia.
- Undue influence – the person making the Will was unduly influenced by someone into making the Will.
- Fraudulent calumny – this is an archaic way of simply describing fraud in relation to a Will. Usually, two or more persons have conspired to make a false Will on behalf of the Deceased.
- Lack of knowledge or approval – where the person making the will has mental capacity to make the Will but is not aware of the full effect of the content.
Challenging a Will under the Inheritance Act 1975
The Inheritance (Provision for Family and Dependants) Act 1975 (“the Act”) provides a method whereby a Will can be challenged on the grounds that reasonable financial provision has not been made. Certain people can claim for reasonable provisions if they have been left out of a Will or not been adequately catered for, based on their needs. For example, spouses, partners, children, and others who relied on the deceased financially.
Whether or not you can claim, and how much you can claim, will depend on your financial circumstances, the estate and the circumstances of other beneficiaries. Our solicitors will give you a clear indication of your rights and the outcome you can expect, helping you plan for your future while we take you through the claim process. The factors the court will consider can be found here: Challenging a Will under the Inheritance Act 1975 – Blaser Mills Law.
Removal of executors
Executors have a duty to follow the instructions in the Will and the law. If you feel that they are not following the Will or are delaying the process, it can be most effective for the beneficiaries to remove an executor.
Blaser Mills are the go-to firm in the Thames Valley for private wealth disputes, especially those concerning property and estates.
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Contact us
For our help with contesting a Will, or to simply discuss your options, call Matthew Whipp on 020 3814 2020, send an email to litigation@blasermills.co.uk. Alternatively, fill in our contact form.