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Wills & Probate Solicitors

Contesting A Will | Probate Solicitors

If someone close to you has left behind a Will that you feel is unfair you may want to take action.

Contesting a Will is never easy, but if the Will has been inexpertly drafted, or made under duress or the undue influence of someone else, then it can be contested.

However, if you think you have a valid case you need to take action quickly. If you want to challenge the Will because you believe you haven’t been adequately provided for, the time limit is six months from the grant of probate.

There are three main types of claim in cases of inheritance disputes:

  • Claims under the Inheritance (Provision for Family and Dependants) Act 1975 – which can be made by individuals specified in the Act, or someone who was financially dependent on the deceased but was left out of the Will or inadequately provided for.
  • Claims against the validity of a Will.
  • Claims regarding the administration of estates and trusts.

Reasons why a Will may be invalid include:

  • The Will was not properly signed and/or witnessed.
  • The Will is a forgery.
  • There is a later valid Will.
  • There was undue influence exerted on the creator of the Will by one or more persons.
  • The person was not of ‘sound mind’ when their Will was created.

Claims can be made regarding the way Executors, Trustees and Administrators manage an estate if losses occur through their inaction or inappropriate decisions.

If you think you have suffered for any of these reasons, you should take professional legal advice as soon as possible.

How we can help

The experienced Wills team at Else Solicitors offers a highly sympathetic approach to help you achieve the best possible outcome in any inheritance dispute. Investigating claims can be stressful and expensive. We will set out the consequences, financial and otherwise, of any possible courses of action so you can make an informed decision about how to proceed.

If you would like to discuss the options available for your specific situation, please contact Kathryn Caple on 01283 526230 or email kathryn.caple@elselaw.co.uk.

BBC Radio Derby interview with Kathryn Caple

15/03/2018

Earlier this year we launched the ‘Else Inheritance Quiz: Who Gets What?‘ (it’s still available online if you want to test your knowledge, and can be found by clicking here). The quiz has certainly got people thinking, and talking too! Its now been picked up by a number of media outlets, including the Burton Mail […]

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Refund Opportunity: Power of Attorney fees

20/02/2018

On 1st February 2018 the Government agreed to refund overpaid Lasting Power of Attorney registration fees. The fee is simply supposed to cover operating costs, but while these have decreased in recent years, the fee remained the same at £110. Full details of the ruling and refund process can be found on our Article page […]

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