Disputed Wills

Common reasons for a Will dispute include:

• Invalid procedure:

• For a Will to be valid it must be in writing, signed and witnessed in the correct manner. This may be a problem with homemade Wills. A correctly drafted Will should revoke earlier Wills, but this needs to be expressly set out.

• Undue Influence:

• The Will must be made voluntarily. If the deceased was pressured or coerced into making a Will, it may be deemed as invalid.

• Mental Capacity:

• For a Will to be valid the person making the Will must have sufficient mental capacity at the time the Will was signed.

• Knowledge, approval, fraud and forgery:

• If someone is tricked into signing a Will or there has been some other fraudulent activity then the Will may be deemed invalid.

• Negligent drafting:

• The Will does not reflect the wishes of the deceased because it was drafted negligently or contrary to the instructions of the deceased. Even if a Will is valid, you may be able to claim against the solicitor or other professional if they drafted the Will negligently.

We advise on all issues that could give the right to seek a declaration that a Will is invalid and should be disregarded completely. 

Testamentary Capacity

For a Will to be valid, the person making the Will (“Testator”) must have sufficient mental capacity at the time the Will was signed.

We are experienced in making challenges to, or upholding the validity of a Will. This is an involved area of law and detailed, careful preparation is essential. So too is a clear understanding of the criteria that Courts apply and the evidence available. Thorough research and obtaining sufficient evidence to pursue the claim is required to prove the position, for example on issues regarding the deceased’s lack of capacity, coercion, or undue influence by another.

Disputes involving Trusts 

A Trust is a legal relationship where someone (“the Settlor”) settles or transfers assets to another individual or a company (“Trustees”). The Trustees hold and manage these assets for the beneficiaries of the Trust, chosen by the Settlor. A Trust can be established during your lifetime or following your death.

Trustees have serious statutory and common law obligations, they must:

• act with reasonable care and skill
• act impartially and fairly
• administer the Trust in accordance with its terms
• act jointly if more than one
• be ready with the accounts when due
• must not cause loss to the Trust due to any conflict of interest.

Claims for removal of sanctions against Executors, Administrators, Trustees

A claim for breach of Trust may arise where it is alleged that the Trustees have failed to comply with their duties and the Trust and beneficiaries have suffered consequential loss. Such claims can have serious consequences for all involved. It is essential to ensure advice is sought at the earliest stage. 

Disappointed Beneficiaries 

Although in making a Will the Testator can dispose of their assets as they wish, this is subject to a number of potential restrictions including claims under the Inheritance (Provision for family and Dependents) Act 1975. Such claims may be pursued by family and dependants where the terms of a Will (or the rules of intestacy where there is no Will) fail to make reasonable financial provision for the complainant. Often such claims are pursued together with other equitable remedies e.g. proprietary estoppel, resulting and constructive trusts.

It may be argued that insufficient provision has been made for those left behind. The Courts will, where the legal criteria is satisfied, make an award for reasonable provision for dependents from the Estate.

Inheritance Act Claims

Any individual who depends on you financially or whom you have maintained at the time of your death may have a claim against your estate if you have not left them anything in your Will or made no other financial provision for them.

Can I claim under the Inheritance Act?

To find out if you can make a claim under the Inheritance Act, it is important to take professional advice as soon as possible. If you have not been properly provided for in a Will when you should have been, you may have a valid claim.  

You will need to show that you are:

• A husband, wife, civil partner or cohabitee of the deceased.
• A former husband, wife or civil partner of the deceased who was receiving maintenance and has not remarried/entered into a new civil partnership.
• A child of the deceased.
• Any person who was treated as a 'child of the family' of the deceased.
• Any person who was partly or wholly maintained by the deceased immediately before the death.

AND, that it is within six months of the date of Grant of Representation. This is a document issued by the Court which gives permission to those named in the grant to distribute the deceased's estate.

Bereavement Counselling:

First reactions to the death of someone close - What happens to us when we lose someone? For most people, bereavement is the most psychologically distressing experience they will ever face. The death of a significant person is a devastating loss. Everyone experiences grief differently and there is no 'normal' or 'right' way to grieve. How we react will be influenced by many different things, including our age and personality, or cultural background and religious beliefs, our previous experiences of bereavement, our circumstances and how we cope with loss.

 

If you would like to have a chat about your options or how we may be able to help you please contact a member of the team, complete our call back form or contact us directly at your local office.