Disputing a Will
- Written by: Jason
- Category: Will Writing
- Published: 1st June 2016
Contentious Probate and Disputing a Will
The death of a Spouse, Partner, parent, friend or other loved one is always an emotional time and can sometimes be very stressful. Especially if their Will is challenged or if there is a dispute relating to their Estate.
Reasons why a Will may be Contested
- Disputes over-identification of beneficiaries
- Claims regarding agreements made with the deceased before death, particularly with regards to the disposal of the Estate
- Where inadequate provision has been made in a Will
- Claims regarding the validity of a Will
- Disputes relating to the interpretation of the terms of a Will
- Claims for and against Executors, Personal Representatives and Trustees. Particularly where there is alleged breach of Trust, or in order to remove or substitute parties
- Disputes relating to Trusts and Charity
- Claims for the rectification of Wills and Trusts
Does it cost a lot to Contest a Will?
Unfortunately, it is impossible to say exactly how much any matter will cost simply because each case is different. However, there are usually a number of options available to help you obtain access to justice at an affordable price. Most Solicitors including our preferred partner Premier Solicitors offer substantial flexibility in their fee structures to assist Clients as much as possible.
Sometimes you may, for example, be able to fund the case through legal expenses insurance. Which may be tied to your home insurance policy, for instance. If so make sure you check with your Probate Practitioner to confirm they are able and willing to liaise directly with your insurer throughout a matter.
Some Probate companies are often happy to consider “no-win, no-fee agreements”. Deferred payment arrangements or third party funding where appropriate. These are particularly helpful to Clients where costs may be recoverable from an Estate. Or where there is an entitlement under an Estate which is yet to be realised.
I have not been left anything in a Will but I think I should have been?
It is possible to bring and defend proceedings where no or inadequate provision has been made for an individual in a Will. Or where the Intestacy Rules (dying without a Will) do not sufficiently provide for a party. This action would be dealt with under the Inheritance (Provision for Family and Dependants) Act 1975.
In some cases, a person’s Will or, where there is no Will, the Intestacy Rules do not provide reasonable financial provision for all those entitled to expect it.
The law, therefore, gives certain people the opportunity to claim against an Estate. If there is considered to be inadequate provision for them under the Will or the Intestacy Rules. As such you may have a claim against an Estate if you fall into one of the categories of permitted applicants.
You may have to demonstrate that you were dependent on the deceased at the time of their death. Or lived with them for two years immediately before their death. If the claim is successful, the Court can make a variety of Orders which, in effect, rewrites the Will or the Intestacy Rules to ensure that reasonable financial provision is made for you.
Summary
If you are faced with the prospect of contesting a Will make sure you shop around and get a number of quotes, ideally from a Probate Practitioner or Solicitor that offers Fixed fees for some of the more straightforward processes and a transparent low-cost fee structure for more complicated probate matters.
At Mind at Rest Wills, we work closely with our trusted partners Premier Solicitors a leading law firm who was founded in 2006. This allows us to provide you with a seamless probate service from beginning to end.
The Firm is Lexcel accredited, a Law Society nationally recognised quality mark for law firms and operate nationally. Allowing us to offer our clients quality competitively priced fixed fee options for all Probate matters. Both Mind at rest Wills and Premier Solicitors are committed to providing appropriate solutions and excellent customer service.
We can help you with timely and sympathetic advice to ensure you have the right answers and solutions for you.
Our trusted partners at Premier Solicitors have a specialist Contentious Probate Team that deals with all forms of disputes relating to Wills, Estates, Trusts and also Court of Protection issues.
To make an enquiry simply fill in our Probate Enquiry Form and we will get back to you.