- Contested Probate Solicitors
- Valid Will Requirements
- Disputing A Will
- Caveats And Injunctions
- Grant Of Probate Explained
- Executors Duties
- Letters Of Administration
- Distribution With No Will
- Claims For Dependents
- Cut Out Of Will
CONTENTIOUS PROBATE SOLICITORS – DISPUTED WILL LAWYERS
Technically you are not required to have a solicitor assist in preparing your will. DIY will making kits and pre-packaged documents are growing in popularity however what many of the DIY will makers don’t realise is that they could be setting their beneficiaries up for an appointment with a contentious probate solicitor. Making a will is a complex process, one that an amateur may or may not get right. When thinking about your assets and your loved ones, you have to consider whether a poorly written will is something you’re willing to risk. Losing a loved one is difficult enough without your dependents having to dispute the validity of your will in a legal action to ensure they receive the support they need.
Many contentious probate solicitors make a living solely by representing clients in legal action in a court of law. In these contested cases, the same mistakes arise over and over again, mistakes that could have been easily avoided with assistance from a qualified solicitor:
~ improper execution of the will and/or failure to meet the specific witnessing and signature requirements
~ failing to distribute all of your assets, which enables the Crown to claim them
~ failing to consider the possibility that a beneficiary will die before the testator
~ improper attempts to alter a will or execute a codicil which invalidates part or all of the will
~ failing to take into account the effects that births, deaths, marriages, divorces and civil partnerships have on your estate
~ failing to adequately provide for dependents who may have a claim to your assets that supersedes those of your other beneficiaries
Importance of Having a Will
Making a will is a responsibility that is not to be taken lightly. A will should accurately reflect the testator’s desires and be in accordance with the law if legal action by a contentious probate solicitor is to be avoided. Individuals often fail to realise that the distribution of their assets after their death is as important as any financial transaction that occurs during their lifetime. Citisens of the UK are wealthier than ever before with many people owning homes valued at several hundred thousand pounds, substantial assets are at stake. If you die without a will, your assets will be distributed in accordance with the applicable statutes that dictate who gets your property and may even provide for some of your assets to be handed over the Crown. There is no reason to leave such an important decision up to impersonal laws that may vary greatly from your wishes.
Only a legally enforceable, properly drafted will can ensure that your estate is distributed according to your wishes which avoids the possibility of contentious probate proceedings in a court of law. You have a specific plan in mind for the distribution of your assets and you need a will with detailed instructions to make sure that it happens. Estate planning is not just for the wealthy. Every individual should have a will.
Inheritance Tax Liability
For those with substantial assets there is inheritance tax to consider. Estates that exceed this threshold amount are subject to a tax on the value of their assets. Certain lifetime gifts may also be subject to the inheritance tax. With help from a solicitor, you can plan the distribution of your assets to minimise the amount of tax payable on your estate after your death. WTo help you lawfully reduce your tax liabilities both during life and after death, our solicitors offer a full range of professional services, including access to qualified accountants.
Contentious Probate Solicitors
Our contentious probate solicitors believe in communicating in straightforward terms. Your documents will be written in plain English and we never use legal jargon when consulting with our clients. We stay up to date on all of the emerging precedents related to will making. We usually use the no win no fee scheme for contentious matters.