If you find yourself involved in a dispute about the will of a family member or partner you need a lawyer who really knows what they are doing. Sometimes it is important to act quickly by entering a caveat 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 has been issued and to obtain a copy.
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 calling upon the executors to take out a grant of probate
- arguments about the validity of a will because there is a question as to whether
- it has been properly signed in the presence of witnesses
- the deceased had the relevant mental capacity to understand exactly what they were doing
- the deceased did not fully know about and approve of the particular terms of the will
- there has been undue influence in terms of the deceased being forced to make a will in certain terms
- arguments about the interpretation of 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.
Will disputes are often combined with claims under The Inheritance (Provision for Family and Dependants) Act 1975.