- 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
DISPUTED WILL SOLICITOR - CONTESTED PROBATE LAWYER
Most testamentary solicitors specialise in non contentious issues and do not usually deal with litigation or court work however there are some specialist disputed will solicitors who are also skilled at handling litigated cases in the High Court of Justice. The day-to-day work of a testamentary solicitor mainly involves drafting wills and assisting clients with uncontested probate cases.
Disputed Will Solicitor
There is no legal requirement that you employ a solicitor to create your will however if you don't its highly likely that your beneficiaries may have to meet up with a disputed will solicitor shortly after your death. “Do-it-yourself” will-making kits and guides are everywhere. Whilst going the DIY route might seem cheap and convenient, you are taking an enormous risk with one of the most important decisions you’ll ever make – the distribution of your assets. Today the average home in the UK is worth several hundred thousand pounds and disputed wills cases are now frequently dealt with in the High Court. The distribution of an estate of that size should not rest on a DIY kit or on the services provided by a non-professional will writer trained in a one week course.
A qualified solicitor, on the other hand, is highly trained. Each year they are required to continue their education in order to renew their practicing certificate. United Kingdom lawyers must also be insured and must also contribute to a compensation fund. Unlike some of the DIY services, solicitors are held up to standards dictated by statutes and the Law Society and the Solicitors Regulation Authority. There is also an independent Legal Complaints Service to which solicitors are answerable.
Obviously cost is an important consideration to most people when making a will. Often individuals wonder if they can afford the services of a solicitor. Quite contrary to what most people think, employing a solicitor to draft your will is quite affordable. In fact, the services of a solicitor can even cost less than those of a non qualified will writing company. When you employ a solicitor, you’re paying for much more than a piece of paper. More is at stake than just your home or bank accounts. You’ll have the peace of mind that comes with knowing that your assets will be distributed according to your wishes. You’ll know that you’re protecting your family from litigation over your estate or the validity of your will. Your family will be taken care of, and they will have the time they need to grieve and move forward. Most certainly the last thing that you want is for a disputed will solicitor to be involved in legal action over contested probate shortly after your death.
Poorly Drafted Documents
Unfortunately, a large number of a wills and probate solicitor’s work centers around sorting out poorly drafted wills that were found to be invalid because of an avoidable mistake. Without experience and a thorough knowledge of testamentary law a layperson can easily make one of the following common errors:
~ failing to properly execute the will in accordance with the strict mandates of the law, which can invalidate the entire document
~ failing to distribute all of your assets, which enables the State to claim all or some of your estate
~ failing to consider the effects that a divorce would have on your will
~ failing to account for other life changes such as birth, death and marriage
~ failing to adequately provide for dependents who have the right to continued support