Disputed wills
Losing a loved one can be difficult enough without the added stress of a dispute over the contents or direction of their Will. If you find yourself involved in any type of Will dispute, our dedicated solicitors are here to help you find a solution. We can also advise on possible claims even where there is no Will.
We can provide advice on:
- Advising on the eligibility of a claim
- Contesting a Will
- Defending a contested Will
- Inheritance Act Claims
At Owen White Catlin, we can provide empathetic, practical advice that allows you to reach a solution to Wills disputes efficiently and with as little disruption as possible. Our expert solicitors will keep your best interests at heart and provide a solution to secure you the best possible outcome.
Talk to one of our Wills dispute solicitors today
Please contact our team today to discuss your disputed Wills case with a member of our disputes team or to schedule an initial consultation. Our expert solicitors are ready to help. You can contact us either by using our simple online enquiry form or by calling us directly on one of our office numbers.
Why work with our Wills dispute solicitors?
At Owen White Catlin, our disputes team proudly provides excellent legal advice to individuals and families across South West London, Middlesex and Surrey. We have comprehensive experience dealing with the most complex Will disputes, so you can rest assured that our results-driven solution will give you the best possible chance of a positive outcome.
Our specialism in alternative dispute resolution methods, such as mediation, arbitration and negotiation, will ensure that your interests and those of your loved ones are kept at the heart of our legal processes.
If court proceedings become necessary, rest assured that we will represent you from commencing the claim through the full court process, together with all steps required to enforce any judgment against the opponent.
We believe in complete transparency, meaning you can trust us to keep you fully involved and informed throughout your case. We promise to communicate openly and clearly, providing you with all the support you need across the process to ensure you feel comfortable and confident during what can be a complex time.
We are also completely open regarding legal fees, meaning that you will be completely informed of all expected costs before the outset of a project and updated if any other costs are likely to be incurred.
We will assess the most cost-effective options to ensure you can easily manage fees, including Conditional Fee arrangements, Stage Payments and litigation funding. We consider no-win, no-fee arrangements on a case-by-case basis, meaning that you may only have to pay legal costs if your claim is successful.
We firmly believe that quality legal services should be accessible to everyone, so you can be assured we will work strenuously to find a solution that works for you.
Our expert solicitors are always ready to help. Whether in person or by phone or email, we’ll be ready to provide help whenever you might need us.
Our disputed Wills services
Advising on the eligibility of a claim
Anyone who meets the criteria in the Inheritance (Provision for Family and Dependants) Act 1975 can potentially claim against a Will or if there is no Will. This act grants permission to specific individuals to seek provision from a Will, even if they are not included in the directions or statutes regarding the deceased individual's estate.
Those included in the provisions of this Act include:
- Spouses or civil partners
- Children of the deceased
- Former spouses or civil partners
- Cohabiting partners
- Children considered part of the family (for example, step-children)
- Financial dependants (such as elderly relatives or relatives with special needs)
- Persons maintained by the deceased (such as someone receiving financial assistance for living costs)
Typically, these claims are based on the existing financial provision the claimant has already received from the estate of the deceased, which usually extends to the necessary provision to maintain a reasonable standard of living. The Court will also consider factors such as the obligations of the deceased towards the claimant, the size of the estate, the financial needs of the claimant and the needs of other beneficiaries before making a decision.
As well as needing to satisfy the criteria required for a claimant's eligibility and the grounds for bringing about a claim, you must also claim within six months of the grant of probate being issued. Assessing whether or not you have sufficient grounds to make a claim is important, as failure to do so could cost you significant time and money.
We appreciate that this topic can be confusing, and we welcome any questions or queries you may have. Our expert solicitors are here to help and make this process easier for you and provide clear guidance on your eligibility for making a claim.
Contesting a Will
If you feel that you or a loved one has been unfairly excluded from a Will, you may have grounds to contest it. To contest a Will, you must obtain sufficient evidence to support your claim as well as seeking the best legal advice to ensure that you take all appropriate steps before making a claim.
There are various valid legal grounds that will impact your chances of successfully contesting a Will. These include whether the deceased lacked testamentary capacity, whether they were subject to undue influence or coercion, evidence of fraud or forgery or whether the Will was drafted without having been properly executed (signed).
If you are bringing a claim against a Will, it is vital to do so with the utmost care and to enlist the best legal advice to give your case the greatest chance of success.
At Owen White Catlin, our disputes solicitors have years of experience achieving excellent results for clients. We can offer a bespoke service designed around the finest details of your case in order to deliver the outcome you deserve.
Defending a contested Will
Challenges to the Will of a loved one can be extremely distressing, causing disruptions to relationships and serious financial consequences if the issue is not promptly resolved. Rest assured that our solicitors have extensive experience defending a contested Will and will resolve your issue practically and sensitively.
There are various reasons why someone may be looking to claim against a Will that may impact you as a beneficiary, including:
- Removing you as the executor of an estate
- Claiming Proprietary Estoppel
- Contesting the validity of the Will
- Claiming under the Inheritance Act 1975 if they feel they should have been provided for
- Challenging the division of the estate under intestacy rules
Whilst all contested Wills claims vary by case, you must always provide sufficient evidence to support your defence. For instance, you may need evidence that the deceased had sufficient mental capacity to have drafted a Will if the claimant accuses them of being incapacitated when drafting the document.
Our expert solicitors have substantial experience defending contested Wills. We will use the finest details to construct a robust, compelling argument that gives you the greatest chance of a desirable outcome. We will provide the support you need to navigate this stressful time confidently and ensure you are able to move forward.
Talk to one of our Wills dispute solicitors
Contact us today for a free initial consultation with one of our expert Will disputes solicitors. You can do this by using our simple online enquiry form, or call us directly on one of our office numbers. Our friendly team is ready to help.