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Disputed wills and trusts

Profession Category: Disputed wills and trusts

Laxmi Mall

Laxmi is a Lawyer in the Dispute Resolution team.

Prior to joining Blaser Mills Law in November 2024, Laxmi completed her training contract with a local law firm.

Laxmi has experience dealing with various disputes including contentious probate, landlord and tenant matters and property disputes. She has assisted with resolving legal matters both through negotiation and litigation. She puts client care at the forefront and adopts a calm, strategic approach to ensure clients feel supported and confident throughout the entire process.

Disputed wills and trusts

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:

  1. Lack of proper execution, i.e., the Will was not signed, or the Will was not witnessed, not dated etc.
  2. 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.
  3. Undue influence – the person making the Will was unduly influenced by someone into making the Will.
  4. 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.
  5. 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.

Challenging a Will under the Inheritance Act 1975

Posted on by fluroltd

There has been much media attention that focuses on cases where adult children have been left little or nothing in a parent’s Will and have sought to challenge this. Series such as ‘The Inheritance’ delve into the family infighting that can occur upon a person’s death.

It is no secret that family relationships can be immensely complicated. Shakespeare wrote in King Lear, “How sharper than a serpent’s tooth it is to have a thankless child”.

However, no matter how bitter the fall out, the truth is that there is nothing to stop a person making a Will that is particularly capricious or downright spiteful.

In light of this, the question many will ask is what can I do if I have been left out of a Will or left a small percentage of an estate? What can I do if I wish to challenge a Will?

The Inheritance Act 1975 (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. This should not be confused with whether the person making the will was acting unreasonably.

In this article I will provide a brief overview of the initial steps to take if you wish to challenge a Will on the ground that reasonable financial provision has not been made to you. Nothing in this article should be used as a substitute for proper legal advice.

  1. What is reasonable financial provision?

The question of what constitutes reasonable financial provision depends on a number of factors, such as to what, if any, extent you were financially dependent on the deceased and your relationship to the deceased. The court will expect you to show that you require the reasonable financial provision. The Inheritance Act does not exist simply to give a capital lump sum to anyone making a claim, the court’s starting point is quite the opposite.

2. Who is eligible to bring a claim?

Section 1 of the Act lists those who can bring a claim which includes:

a) the spouse or civil partner of the deceased;

b) former spouse or former civil partner of the deceased, but not one who has formed a subsequent marriage or civil partnership;

c) a child of the deceased;

d) any person (not being a child of the deceased) who in relation to any marriage or civil partnership to which the deceased was at any time a party, or otherwise in relation to any family in which the deceased at any time stood in the role of a parent, was treated by the deceased as a child of the family;

e) any person (not being a person included in the foregoing paragraphs of this subsection) who immediately before the death of the deceased was being maintained, either wholly or partly, by the deceased.

3. How long do you have to bring a claim?

You have just six months from the grant of probate being issued to make a claim for reasonable financial provision from an estate pursuant to the Act. Most people are unaware of this short timeframe for making a claim, especially given that the months immediately following the death of a relative are usually somewhat chaotic. The court will consider applications that are made out of time, however you must have a very good reason for delaying the application and evidence of a strong claim against the estate.

4. Factors the court will consider when deciding your case

When deciding whether you should be granted reasonable financial provision from an estate, the court will make an assessment of any award based on the following criteria, set out in Section 3 (1) of the Act:

a) the financial resources and financial needs which the applicant has or is likely to have in the foreseeable future;

b) the financial resources and financial needs which any other applicant for an order under section 2 of this Act has or is likely to have in the foreseeable future;

c) the financial resources and financial needs which any beneficiary of the estate of the deceased has or is likely to have in the foreseeable future;

d) any obligations and responsibilities which the deceased had towards any applicant for an order under the said section 2 or towards any beneficiary of the estate of the deceased;

e) the size and nature of the net estate of the deceased;

f) any physical or mental disability of any applicant for an order under the said section 2 or any beneficiary of the estate of the deceased;

g) any other matter, including the conduct of the applicant or any other person, which in the circumstances of the case the court may consider relevant.

5. Is court the only option?

Court action should always be the last resort once all other avenues are exhausted. Litigation is prohibitively expensive and even larger estates can be whittled down to nothing through a drawn out court battle.

Whilst a formal court application may be the only option if the parties cannot come to an agreement, parties are encouraged to resolve the claim by way of alternative dispute resolution (ADR). The most common form of ADR in estate disputes is mediation.

Mediation is a process that is far less formal than court proceedings. Parties will agree a bundle of documents and exchange mediation position statements in advance of a day of negotiations either in person or virtually.

Unlike a court hearing where a judge will make a decision on the matter which his binding, at mediation the parties are only bound by what they agree on the day if they sign a formal settlement agreement.

How can Blaser Mills Law’s Private Wealth Disputes Team help?

At Blaser Mills we understand the stress caused by being inadequately catered for in a Will and are here to help. If you would like to discuss instructing us to act for you, please call us on 01494 788 998 and ask to speak to the Private Wealth Disputes Team or get in touch by email at mcw@blasermills.co.uk.

Matthew Whipp

Matthew is a Senior Associate in our Dispute Resolution Team. Matthew is an experienced litigator with particular expertise in contentious probate, property litigation and TOLATA claims.

Matthew takes a pragmatic approach to disputes and is commercially minded. Matthew’s unique insight comes from his varied experience of working for individual and business clients. Matthew has acted for a wide variety of clients, from large PLC’s such as airlines, to SME’s and high net worth individuals.

Matthew prides himself on being able to settle matters with a common-sense approach and providing advice in plain language, without unnecessary legal jargon.