Latest News:
| Pre-Death Agreements – the new PDAs ? Jan 2012 |
Will Disputes
If you find yourself involved in a dispute about the will of a family member or partner you need a highly experienced lawyer to protect your interests. In some situations it is important to act quickly by entering what is known as a caveat in court to prevent the will being officially recognised. In other situations you only need to use a standing search facility to find out when a grant of probate or letters of administration have been issued and to get a copy of it.
With many years experience of acting for claimants and defendants, executors, administrators and beneficiaries we are able to see the problems “in the round”. We are only too well aware that a “battle of wills” can be expensive and bitterly fought causing family rifts which never heal. We are always alive to ways of resolving disputes “out of Court” such as negotiation, round table meetings, and mediation. Our team includes an ADR Group Accredited Mediator.
Disputes about wills can include:
- citations
- arguments about the interpretation of the particular wording in a will
- claims for rectification of a will if it has not been drawn up in accordance with the deceased’s wishes.
- arguments about the validity of a will because there is a question as to whether:
- it has properly signed in the presence of witnesses
- the deceased had the necessary mental capacity (testamentary capacity)to understand exactly what they were doing
- the deceased knew and approved of the particular provisions in the will
- the deceased had been subject to undue influence and forced to make a will in particular terms
Will disputes are often combined with claims under The Inheritance (Provision for Family and Dependants) Act 1975.
To speak to someone who can help with a will dispute, call, email or request a call back from one of our specialist lawyers.