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CONTENTIOUS WILLS – OBJECTING TO PROBATE
Contentious Wills. ~ If you have ever found yourself in the unfortunate position of having to go to court over some aspect of a will, then you will know that it isn’t as easy as you might think. Not only can it be a long process, but not all solicitors are ready and able to see the whole process through to the end.
Why is this? Put simply, it’s because not all solicitors handle the court work of contentious wills as well as all the paperwork and other aspects of this kind of situation. What will often happen is that you will start with a solicitor who is experienced at dealing with wills and everything will go smoothly. But then an issue arises, someone contests the will and it has to go to court as a contentious will. You might think that your solicitor will continue through the process and make sure everything is resolved – but this is rarely the case. Unless you have picked someone who is used to going to court as well as doing the paperwork, you will normally find that your solicitor will pass everything over to someone else to deal with. Not only can this delay the whole matter being resolved but it also means you will now have to get used to another solicitor.
Why is this? Put simply, it’s because not all solicitors handle the court work of contentious wills as well as all the paperwork and other aspects of this kind of situation. What will often happen is that you will start with a solicitor who is experienced at dealing with wills and everything will go smoothly. But then an issue arises, someone contests the will and it has to go to court as a contentious will. You might think that your solicitor will continue through the process and make sure everything is resolved – but this is rarely the case. Unless you have picked someone who is used to going to court as well as doing the paperwork, you will normally find that your solicitor will pass everything over to someone else to deal with. Not only can this delay the whole matter being resolved but it also means you will now have to get used to another solicitor.
Our Experts Are Ready And Waiting ~ Our solicitors have all been selected because of their ability to handle court hearings as well as all the other issues that may come up as a result of a will coming into force. No matter whether your situation is extremely complex and involves a contentious will, or is a simple straightforward matter, our probate solicitors are here to help.
You are entitled to free advice concerning your legal situation, and you can then evaluate that advice before deciding whether or not to proceed. All you need to do is call our helpline or fill in the online form to ensure you claim your free legal advice from an expert solicitor who understands the situation you are in.
You are entitled to free advice concerning your legal situation, and you can then evaluate that advice before deciding whether or not to proceed. All you need to do is call our helpline or fill in the online form to ensure you claim your free legal advice from an expert solicitor who understands the situation you are in.
Is The Will Valid ~ Probate solicitors litigating contentious wills handle the same types of disputes over and over again. The three issues that most often arise are the validity of the will, whether the will was lost or intentionally destroyed and whether the will provides adequate support for a dependent. Below is an overview of the state of the law as it relates to these three issues:
~ In order for a will to be valid, the testator must be over the age of 18 years, of sound mind and free from undue influence. The testator must sign the document, or acknowledged that they have signed the document, in the presence of two witnesses who then also sign the document. The witnesses must not be beneficiaries, or they will lose any inheritance bequeathed to them in the will.
~ Sometimes the deceased’s will cannot be located. When a will is lost, the proposed executor must apply to the Registry to have a copy of the will accepted in place of the original. Accepting a copy of the will sounds like a reasonable solution. However, there may be a presumption that the will is not lost but was rather intentionally destroyed by the testator as a means of revoking it. Resolving cases of lost wills requires a full court hearing. Both sides prevent evidence before a judge who weighs the facts and grants judgment in favour of one side.
~ When an individual passes away and leaves dependents behind, those dependents have the right to continued support by means of the deceased’s assets. If a dependent, such as a spouse, partner, child or mentally disabled person, is not left with adequate support under the terms of the will, that person can take action in court to claim some or all of the deceased’s assets.
~ In order for a will to be valid, the testator must be over the age of 18 years, of sound mind and free from undue influence. The testator must sign the document, or acknowledged that they have signed the document, in the presence of two witnesses who then also sign the document. The witnesses must not be beneficiaries, or they will lose any inheritance bequeathed to them in the will.
~ Sometimes the deceased’s will cannot be located. When a will is lost, the proposed executor must apply to the Registry to have a copy of the will accepted in place of the original. Accepting a copy of the will sounds like a reasonable solution. However, there may be a presumption that the will is not lost but was rather intentionally destroyed by the testator as a means of revoking it. Resolving cases of lost wills requires a full court hearing. Both sides prevent evidence before a judge who weighs the facts and grants judgment in favour of one side.
~ When an individual passes away and leaves dependents behind, those dependents have the right to continued support by means of the deceased’s assets. If a dependent, such as a spouse, partner, child or mentally disabled person, is not left with adequate support under the terms of the will, that person can take action in court to claim some or all of the deceased’s assets.
Getting The Right Advice ~ Regardless of what the dispute is about, it is vital that you have the right kind of probate solicitor on your side to ensure that you are properly represented and the best solution is arrived at. To make that happen you need legal advice – and the sooner you get it the better. Our solicitors are on hand to offer free advice regarding your situation, and they are all very experienced in dealing with contested wills and probate.
HELPLINE 0870 185 1840