The practice fully understands that the challenging of a Will, particularly a close family member can be very awkward and potentially extremely stressful.
Consequently, from the outset we aim to provide you with a realistic assessment of the merits of your claim.
Should you wish to challenge a Will
Perhaps the most common situations which lead to a challenge of someone’s Will are:-
i) The deceased lacked the mental capacity to make a Will.
ii) The will was made against the wishes of the deceased.
iii) There was a lack of formality to the will eg not properly witnessed etc.
iv) Fraud / Forgery.
v) The Will has failed to make adequate provision for close family members or in cases where others were dependent upon the deceased.
For some types of claim the time limits are short. For example where a Will has made no reasonable provision for a close family member or a dependant, a claim for reasonable provision can be made pursuant to the Inheritance (Provision for Family and Dependants) Act 1975. Here such a claim must be issued with the Court within 6 months of the date of the Grant of Representation being made. Our strong advice therefore is that you should take legal advice at the earliest available opportunity
We are happy to discuss all of your options with regard to the funding of your claim including fixed fees and Conditional Fee Agreements also known as “No Win, No Fee” agreements.
For more information please contact Adrian Hull on 0845 466 4333.