We provide a wide range of legal services to individuals through our specialist teams of solicitors across our offices.
We provide a wide range of legal services to individuals through our specialist teams of solicitors across our offices.
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We provide a wide range of legal services to businesses through our specialist teams of solicitors across our offices.
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Yes, a Will can be contested on several grounds, including lack of testamentary capacity, lack of proper formalities, undue influence, fraud, or if it was revoked by a later will or destruction.
If a Will is found to be invalid and there is no prior valid will, the estate will be distributed according to the rules of intestacy.
A Will must be in writing, signed by the testator in the presence of two witnesses who also sign it. It does not need to be dated to be valid. The Testator must be over 18 and be of sound mind.
Yes, another person can sign on the testator’s behalf if the testator is physically unable to sign. This can only be done in the testator’s presence and at their direction, with the intent to execute a Will. This cannot be done if the testator lacks capacity.
A person has testamentary capacity if they can understand the nature and purpose of making a Will, the extent of their estate and how this is disposed and recognise the beneficiaries and the claims to which they should give effect. If there’s doubt, a medical professional may need to assess capacity.
Yes, the court may rectify a Will if it contains clerical errors or does not reflect the testator’s intentions due to a misunderstanding. This should be done within six months of the Grant of Probate.
Undue influence occurs when someone coerces the testator into making a Will against their true wishes. It must be proven with factual evidence.
No, under section 18A of the Wills Act 1937, any gift to a spouse is revoked if the marriage or civil partnership is later dissolved or annulled.
A caveat prevents probate from being granted and is used when there are concerns about the validity of a will. It lasts for six months but can be renewed.
Executors’ reasonable legal costs are usually paid from the estate if they remain neutral. Other parties normally pay their own costs unless the court orders otherwise.
Yes, someone treated as a child of the family may be eligible to apply under the Inheritance (Provision for Family and Dependants) Act 1975.
A claim must typically be made within six months from the date of grant of probate or letters of administration. Despite this, it is possible to bring a claim outside of this six-month time limit, but this is at the discretion of the court.
Yes, the court can remove an executor under section 50 of the Administration of Justice Act 1985, most commonly if there has been misconduct or a failure to act. All personal representatives must be joined in the application.
A Benjamin order allows the court to presume a missing or untraceable beneficiary is deceased so that the estate can be distributed accordingly and avoid indefinite delays.
They are legally barred from benefiting from the will or estate under the forfeiture rule.
No, many cases settle through negotiation or mediation. Only around 2% of contested will cases proceed to a final court trial.
For help and advice, talk to a member of our team. They can advise on the best options in your matter.
