We provide tailored and supportive advice on all aspects of disputes involving wills, estates and trusts.
We will always recommend the use of mediation wherever possible, to save you the time, stress and expense of litigating through the court system.
Morrish Solicitors’ contested wills and probate services include:
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You have six months from the date of the grant of probate/letters of administration being issued in which to bring a claim.
If you want to dispute a will for another other reason (for example, if you suspect undue influence) please seek advice as soon as possible, as it may be necessary to enter a caveat with the Probate Registry to prevent a grant of probate being issued.
It is important to seek legal advice as soon as possible if you have any concerns about a will.
If you suspect that the will has not been executed properly (for example it has been signed or witnessed incorrectly) this could provide the basis for a successful legal challenge and you should seek legal advice as soon as possible.
If you think that someone has been pressured into making a will which doesn’t reflect their wishes, and has been subjected to what is legally known as “undue influence,” it may be possible to challenge the content of the will.
For a person to be considered legally capable of making a will, they must be able to understand the nature and effect of the will they are wishing to make.
This can include what they own, how much their estate is worth, and any potential claims of those who might rightly expect to benefit from the will. The failure to make or understand any of these decisions could lead to an individual being held to lack “testamentary capacity,” and the will can be challenged.
A person’s legal capacity can be affected by a number of factors, such as illness, accident or dementia.
Where a person is able to demonstrate a financial reliance on the deceased, there may be a right to claim under the Inheritance (Provision for Family and Dependants) Act 1975. This Act protects the rights of those who have not been left with sufficient financial resources to get by.
The Inheritance Act sets out a range of factors that have to be taken into account when a claim is made by a dependent. What needs to be determined in these situations is what would be reasonable for their maintenance. In cases involving spouses or civil partners, the courts can go further than what is necessary for the spouse or civil partner’s maintenance when making their award.
A solicitor or a non-qualified will-writer owes a duty of care both to the person who is making the will, but also to any potential beneficiaries. A failure to execute that duty can lead to a successful professional negligence claim.
Examples of negligent behaviour would be a failure to ensure that the will was prepared in a timely fashion and before the testator dies; a failure to check for errors in the drafting of the will that could render it invalid or mean it would be impossible to implement the deceased’s wishes; a failure to administer the estate in accordance with the law and in a proper fashion resulting in financial loss to the estate; and a failure to observe the necessary formalities, rendering the will invalid.
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