Disputing a Will Solicitors

Someone really close to you has passed away – but you are devastated by the contents of the Will – what are your options?

These claims are distressing and challenging at the worst possible time, when the family is grieving the loss of a loved one. This is made even worse when you feel the deceased has failed to make adequate financial provision for those left behind.

Curwens offer you a professional and highly sympathetic approach to help you achieve the best possible outcome to a dispute about a Will. We do not want to make matters worse by encouraging you to make unfounded claims and any course of action we suggest will be spelled out in advance and highly cost-effective.

Probate Dispute Services

There are many different types of claim which may come about as a result of a Will, Inheritance or lack of provision. We can help you with claims such as:

  • Making a claim against the estate of the deceased under The Inheritance (Provision for family and Dependants) Act 1975.
  • Assessing any alleged unfair financial loss you are suffering
  • Negotiating an acceptable settlement with the beneficiaries/executors
  • Contesting illegally executed wills or those made under duress or undue influence
  • Claims by unmarried cohabitees where there is no Will
  • Claims for reasonable financial provision by family or dependants
  • Rectification of errors in Wills
  • Disputes with, or between, Beneficiaries
  • Interpretation of ambiguous terms in a Will
  • Disputes with, or between, Executors
  • Application for removal of Executors
  • Disputes relating to the Grant of Probate
  • Claims for promises which have been relied on to be met

We can help you

Contesting a Will is never easy but if the Will has been badly drawn up, or made under duress or the undue influence of someone else, this can be challenged. If you are to act, timely intervention is essential.

Investigating claims like these is often both stressful and expensive in legal costs. We will give you an assessment about whether the claim is cost effective to pursue bearing in mind the size of the estate and your potential interest in it, as well as the investigations which have to be made. These need to be made quickly as there are strict time limits for some claims, within 6 months of the Grant of Probate for claims under the Inheritance Act.

FAQs

If you suspect the deceased lacked mental capacity to make a Will, you should consult a solicitor to make enquiries because there is a protocol which should be followed – it is called the “ACTAPS Protocol” on the website of the Association of Contentious Trust and Probate Solicitors – see www.actaps.com This sets out steps which must be taken to investigate the position, including making enquiries with the deceased’s GP to check capacity.

There are various ways to challenge the validity of a Will. It may not have been properly executed (there are strict rules about that) or the deceased may have suffered undue influence, duress or lack of mental capacity prior to making a Will. You can also challenge the Will if you were financially dependent upon the deceased. The ACTAPS protocol sets out the method for investigating this. You will also be well advised to speak to a specialist solicitor with experience of such cases who may be able to negotiate a suitable settlement for you.

The way to challenge a Will is to follow the ACTAPS protocol (www.actaps.com). These actions are costly and so you should consider carefully whether the benefit of pursuing such a claim outweighs the costs which can some times run into many hundreds and sometimes thousands of pounds.

 

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