SOLVING PERSONAL LEGAL MATTERS
Wills can sometimes be complicated, and when a loved one passes away it can be a stressful time - especially if you have been left out of a Will or not been given what you felt was promised. Our Yorkshire Disputed Wills solicitors can help you contest a Will on a no win no fee basis.
Our experienced contesting a Will solicitors have acted for clients from across Yorkshire, nationally and internationally. We offer flexible funding options and can pursue a matter on a "no win, no fee" basis. We have experience with dealing with urban and rural properties and agricultural land; we understand how complicated Wills that include rural properties and land can be. We will always deal with your case sensitively and can act on behalf of claimants, defendants, executors and beneficiaries on matters such as invalid Wills, reasonable provision claims, challenging lifetime gifts made to beneficiaries and promises of gifts.
With an increase in the number of blended families and rises in property prices, the number of Wills being disputed is also rising. Problems can arise when a testator remarries or when a family member or a person who is dependent on the deceased is not sufficiently taken care of in the Will. There are two main ways a Will can be challenged - the first is by claiming for reasonable provision under the Inheritance (Provision for Family and Dependents) Act 1975, the second is to challenge the validity of a will and prove that the will is invalid. There are several ways that a Will can be invalid, which includes:
Lack of mental capacity - a person must have the mental capacity to make a Will for it to be valid. If it can be proven that the testator did not have the mental capacity (e.g. due to dementia) to make a Will then it may be deemed invalid. All solicitors, when making a Will for a client, are expected to follow the 'golden rule', this means if they doubt their client's mental capacity, medical opinion should be sought.
Lack of knowledge and approval of the terms of a Will - An example of this can be if the person who made the Will was led to believe that the Will left gifts to certain beneficiaries when it does not, or they may not have understood its contents due to a disability (e.g. deafness or blindness) or if they did not speak or read the language that the Will was written in.
Undue influence - when a person is making or changing a Will, they cannot be pressured or unduly influenced into it.
Fraud - If a Will or the signature has been forged then it is not valid. This can be difficult to prove in court, however, we have handwriting experts that can help prove if a signature has been forged.
Will not properly executed - Certain formalities must be adhered to for a Will to be valid. This is why it is always recommended to have a Solicitor help you draw up a Will.
Our Will dispute Solicitors are highly experienced and can deal with disputing complex Wills, as well as more straightforward ones. We have been recommended by the Legal 500 and are proud members of the Association of Contentious Trusts and Probate Specialists, and the Society of Trusts and Estate Practitioners. We have an office in Leeds, and we can do home visits, so our Yorkshire Wills Solicitors are local and have a vast amount of experience with working within the local area as well as nationally or internationally.
We advise that if you wish to contest a Will that you get in touch with our Will Dispute Solicitors as soon as possible. Depending on the type of claim, the time limit to contest a Will can be as short as six months after probate is granted. Contact us today on 0800 689 3206.
To successfully contest a Will, you will either need to prove that the Will is invalid or that you have not been given reasonable provision under the Inheritance (Provision for Family and Dependents) Act 1975. Our expert Yorkshire Wills and Probate Solicitors will help you conduct investigations and gather the evidence needed for a strong case.
Yes, in some circumstances, family members can contest a Will. Generally, if you are a child of the Deceased (including adult child), a spouse or former spouse or civil partner, or if you were financially dependent on the Deceased, you are eligible to bring a claim under the Inheritance Act. You may also be able to dispute a relative's Will if you stood to benefit under the terms of a previous Will, but do not under a current one, or if you stand to benefit under the rules of intestacy.
As each Will is unique to the testator situation, each claim will be different, so it's imperative that you seek the expertise and advise of a specialist contenting a Will solicitor for advice on your specific case. If you wish to contest a Will, contact us on 0800 689 3206 and we will discuss with you whether you have a claim.
How long contesting a Will can take will depend on how complex the case is and whether a resolution can be found in mediation. If all interested parties can come to an agreement, then it may only take a few months for the case to come to a successful conclusion. However, if an agreement cannot be found, the other party defends the Will and the case goes to court, it can take many months, or even years, for a Will dispute case to come to its conclusion.
If you want to contest a Will in Yorkshire, then contact our contenting a Will Solicitors today on 0800 689 3206, we will listen to your story and give you tailored legal advice to help you get the best possible outcome.
There is no accurate way of predicting the exact cost of contesting a will. At Forbes, we are flexible with fees in order to suit your needs. We often pursue matters on a "no win, no fee" basis. We can defer costs and we work with clients to ensure their matter is pursued as efficiently and cost effectively as possible.