Technically anyone with an interest in the estate can contest a Will, if they think it’s wrong or unfair. This might be someone who is:
- Named in the Will but unhappy with their share
- Unhappy with the way the estate is being divided
- Not included in the Will but thinks they should have been – either because of their relation to the deceased or because they were promised something while that person was alive.
Whoever is making the challenge, we’ll be able to advise you on your options and the best way to respond.
Every case is different and the exact nature of the dispute will depend on the circumstances of the Will and the person making the claim.
Someone might contest a Will on the grounds that:
- They were left out of it or not left enough
- They were promised something that they haven’t been given
- It’s invalid or incorrect
- The person didn’t have the mental capacity to make a Will
- The person making the Will was forced to write it.
Find out more on our page about Grounds For Contesting A Will.
Whatever type of dispute you’re facing, our solicitors can talk you through your options and the best way to defend your position. Call us today on 0345 604 4895, or fill out our online form and we’ll call you back.
When a person dies without leaving a valid Will they are said to be ‘intestate’. The rules of intestacy are the laws governing who has the right to inherit when there is no Will and who can administer the estate.
Under these rules, all the deceased’s property will pass to their spouse, as well as the first £250,000 of the estate (if the estate is valued over £250,000). The remainder of the estate is then split between their spouse and children.
Other family members, such as siblings and grandchildren, will only inherit when there is no surviving spouse or child.
Someone can still contest an estate when there is no Will. If a person has not been provided for under the rules of intestacy, they might think they are still entitled to something and may be able to make a legal challenge.
If a loved one has died without a Will and you are facing a dispute over their estate, we can help. Call us today on 0345 604 4895, or fill out our online form and we’ll call you back.
Most disputes can be resolved by negotiation and discussion, without having to go to court. However, sometimes this isn’t possible and court is the only way.
We understand that most people would prefer to keep their dispute out of court, and we will always do everything we can to try and reach an agreement by mediation. However, if your dispute does have to go to court, we will support you at every stage. We have the experience to handle court disputes efficiently and effectively, to achieve the best outcome for you.
Our Wills, Trusts and Estate Disputes team is the largest in the UK and we have offices across the country. We are experienced in managing high-net-worth and ultra-high-net-worth claims as well as less complex ones.
We’ve resolved some of the country’s most high profile disputes and are particularly experienced with the unique challenges of multi-jurisdictional wealth management structures, rural property and inheritance tax.
We are recommended by the leading legal guides and pride ourselves on the strong relationship we build with our clients in what is often a very trying time.
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