Will disputes solicitors

If you believe you’ve been left out of a Will unfairly, or you’re an executor on the receiving end of contention, seeking professional advice as early as possible will help you understand your legal position. At Talbots Law, that’s exactly what we’ll give you. When you need us the most, our leading team of Will dispute solicitors will be at hand for bespoke advice and legal support.

After you pass away, your chosen executor will be responsible for ensuring that the wishes in your Will are carried out. However, that doesn’t stop someone from challenging those choices. Wills can be contested for a number of reasons: the Will may be too ambiguous, the testator may have lacked capacity at the time they created it, or there may be evidence of coercion. At Talbots Law, we regularly work with executors, trustees and family members in a variety of situations. It’s not always easy, but we aim to help our clients no matter how challenging their circumstances.

Why choose Talbots Will disputes solicitors?

At Talbots Law, our team of solicitors believe that everyone deserves to be treated fairly. When you instruct us, we’ll be thorough in our investigation; and when there is a valid reason for a Will dispute, we’ll help to build a strong claim to receive the inheritance you deserve. Will disputes can cause heated family arguments, so if you wish to contest a Will or there is a dispute surrounding the Will that you have been put in charge of, you should seek legal advice from an early stage. Throughout the process, we’ll see you as more than just a client. In this respect, we’ll act as more than just your lawyer; we will be at hand for ongoing support as well as expert advice.

What are the reasons for contesting a Will?

Contested probate is a highly specialized area of law, and while each case is unique, we find that most Will disputes arise due to the following reasons:

Undue influence

While the reason for the content in the Will could be genuine, there is also a chance that the testator (the person who created the Will) was coerced in some way. This is known as Undue Influence, and while it may seem malicious, often it can be subconscious. Family members dropping hints or casually mentioning that they are relying on a person’s estate can lead to the testator making decisions based on others plans surrounding their estate.

Fraud Wills

Fraudulent Wills occur when a person's Will has been deliberately sabotaged. Unfortunately, cases such as these are on the increase. Examples of fraudulent Wills are cases in which the original copy has been destroyed, or in cases when the deceased was tricked into signing a document without knowing it was their Will.

Invalid Wills

Under the Wills Act, the law states that all Wills must be in writing, signed, dated and witnessed by two independent witnesses there and then. If the Will was created under any other circumstances, it automatically becomes invalid.

Lack of capacity

In order for you to prove that the testator lacked capacity at the time they created the Will, you will have to prove at least one of the following:

  1. That they did not understand they were making a Will at the time.
  2. That they weren’t aware of the extent of the assets they were leaving in their Will.
  3. That they weren’t aware of the people they should morally provide for.
  4. That they were suffering from a mental condition at the time they created the Will.

To do this, you might need to provide evidence to support your claim.

If you wish to contest a Will or are an executor facing a Will dispute, seeking legal advice at an early stage is your best move. Just call Talbots Law today on 0800 118 1500 to speak to one of our specialist Will disputes solicitors.

 

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