What happens when there’s a dispute over a Will
Losing a loved one is one of the most difficult things any of us have to go through. The grieving process can be made all the more difficult when there is a dispute over a Will or someone is contesting a Will.
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In England and Wales, you can, in principle, leave your assets to whoever you wish by making a Will. This is called testamentary disposition. There are very strict rules about the will-making process. If these are not adhered to, or if there are concerns about a testator’s state of mind at the time the will was prepared, or about whether it is a true reflection of a testator’s wishes, it may be possible to challenge or contest the validity of that Will.
Disputes over someone’s Will and their Estate can be unpleasant, and distressing as they often involve close family relationships.
There may be concerns with the terms of the Will itself, or a dispute over how the estate is administered. Financial claims may be brought by individuals who have been left out of the Will or who have not been left as much as they need.
If you have any concerns that the formalities for a valid Will have not been complied with, either as a named executor or potential beneficiary, then it’s important that you seek legal advice promptly.
If a solicitor or will writer has not drawn up the Will properly, or has given negligent advice, this may be grounds for a claim in professional negligence.
Whether you are an executor of an estate who faces a challenge to the validity of the deceased’s last Will or financial claims against the estate or, alternatively, you wish to challenge the Will or make a claim, we are sure that you would prefer to have the issue resolved as quickly as possible and with minimum disruption and cost to you.
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Wills and Probate Team
Manzurul is a Member and heads our Wills and Probate team.
Martyn is our Chairman and the firms' Compliance Officer for Legal Practice