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Challenging a Will is an emotional process and you must have a comprehensive understanding of your legal rights and options. At Martin Shepherd Solicitors, we are dedicated to providing clarity and guidance to individuals navigating this challenging terrain. Learn more about challenging a Will at our Potters Bar, Hertford, and Finchley offices.
In the aftermath of a loved one’s passing, the contents of their Will can sometimes be unexpected or unsatisfactory to those involved. While a Will might be legally sound, you may still find yourself at odds with its provisions.
In such cases, it’s crucial to understand your rights and the avenues available for challenging a Will. Here are some of the legal mechanisms you can employ in such situations:
Proprietary Estoppel
Proprietary Estoppel provides you with a legal avenue for challenging a Will when there is a belief that assurances were given regarding inheritance during the deceased’s lifetime, but these assurances were not reflected in the Will. This challenge hinges on the premise that individuals relied on promises made by the testator and suffered a disadvantage as a result of those promises not being fulfilled in the Will.
Inheritance (Provision for Family and Dependants) Act 1975
The Inheritance (Provision for Family and Dependants) Act 1975 ensures that adequate provision is made for dependants, even if not explicitly stated in the Will. This legal mechanism enables individuals to contest a Will on the grounds of insufficient provision if they were financially dependant on the deceased person.
Challenging Trustees or Executors
In some cases, the challenge may not concern the provisions of the Will itself but rather the conduct or competency of the executors, trustees, or personal representatives appointed therein. This could involve disputing their actions or raising concerns about their ability to fulfil their duties adequately.
Want to know more? Visit us. Learn more about challenging a Will at our Hertford, Potters Bar, and Finchley offices.
Will is invalid
There are several reasons why a Will can be invalid such as not executing it properly, the person who made the Will was forced to make the Will in the those terms and did not use their own free will or they did not have the mental capacity to make a Will and understand what they were doing. This list is not exhaustive and is an example of some of the grounds which can be relied upon.
Seeking Legal Advice
When contemplating a challenge to a Will, seeking legal advice is paramount. A qualified solicitor specialising in probate and inheritance law can provide invaluable guidance, assess the validity of your claim, and navigate the complex legal procedures involved.
Gathering Evidence
Building a compelling case for challenging a Will requires thorough documentation and evidence. This may include correspondence, financial records, witness testimonies, and any other relevant documentation supporting your claim.
Mediation and Alternative Dispute Resolution
In some instances, disputes over Wills can be resolved through mediation or alternative dispute resolution mechanisms. These approaches offer a less adversarial and more cooperative means of settling disagreements outside of court.
Seeking legal advice? Let’s discuss challenging a Will at our Finchley, Hertford, and Potters Bar offices. Our specialist solicitors can help you.
Facing the challenge of contesting a will can add significant emotional and legal complexities to an already difficult time. At Martin Shepherd Solicitors, our dedicated Wills & Probate Team understands the stress and uncertainty you may be experiencing. We are here to shoulder the burden for you and provide the support and guidance you need during this challenging process.
Our experienced solicitors have a wealth of knowledge in handling contested will cases, and we will work tirelessly to protect your interests and ensure that your voice is heard. We understand that each case is unique, and we will take the time to thoroughly assess your situation and develop a tailored strategy to achieve the best possible outcome for you.
From gathering evidence to representing you in court proceedings, we will be by your side every step of the way. Our goal is to alleviate your worries and expedite the entire process, allowing you to focus on what truly matters during this difficult time. With our expertise and dedication, you can trust us to fight vigorously on your behalf and provide you with the expert legal advice and representation you deserve.
Contact us today reception@martinshepherd.co.uk or 0208 367 323
There are several legal mechanisms available for challenging a Will, including proprietary estoppel, the Inheritance (Provision for Family and Dependants) Act 1975, and challenges to the conduct or competency of executors or trustees appointed in the Will.
Proprietary estoppel allows individuals to challenge a Will when assurances were given regarding inheritance during the deceased’s lifetime, but these assurances were not reflected in the Will. This legal mechanism is based on the premise that individuals relied on promises made by the testator and suffered a disadvantage as a result.
The Inheritance Act ensures that adequate provision is made for dependants, even if not explicitly stated in the Will. This allows individuals to contest a Will on the grounds of insufficient provision if they were financially dependent on the deceased person.
If you want to challenge a Will, it’s essential to seek legal advice from a qualified solicitor specialising in probate and inheritance law. You’ll also need to gather evidence to support your claim, which may include correspondence, financial records, and witness testimonies.
Yes, disputes over Wills can sometimes be resolved through mediation or alternative dispute resolution mechanisms. These approaches offer a less adversarial and more cooperative means of settling disagreements outside of court.
Martin Shepherd Solicitors’ dedicated Wills & Probate Team can provide expert legal advice and guidance throughout the process of challenging a Will. We’ll assess the validity of your claim, help you gather evidence, and navigate the complex legal procedures involved.
Martin Shepherd Solicitors offers compassionate and expert legal support to individuals facing the emotional process of challenging a Will. Our dedicated team will shoulder the burden for you, providing you with peace of mind and allowing you to focus on what truly matters during this difficult time.
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The legal information on this website cannot be regarded as a definitive statement of the law or of the effect of the law, and does not comprise, and should not be relied on as giving, legal advice.
It has been prepared in good faith, but none of the individuals responsible for or involved in its preparation accept any legal responsibility or liability for anything done in reliance on it.
Martin Shepherd Solicitors LLP is a limited liability partnership registered in England & Wales, registration number OC356132, Potters Bar – Head Office, Maple House, High Street Potters Bar London EN6 5BS where a list of the members is kept.
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