Disputing Wills

 

These are a completely different kind of claim and relate to such matters as to whether a Will has been effectively made or, in serious cases, whether it has been forged. Such cases are invariably complex and costly. Expert evidence will be needed for example medical evidence concerning the testator’s state of mind or hand-writing evidence. Furthermore, extensive lay evidence is likely to be required from people who knew the deceased and you may have to act quickly to obtain the necessary evidence.

We recognise that in such cases feelings run high and establishing the truth can become more important than the mere commercial outcome.

It is not unknown for a testator to show considerable favour to somebody who has been a companion or assistant to them in the closing stages of life. Such dispositions cannot easily be upset on the grounds of undue influence but each case must be examined carefully on its merits.

We have acted in cases involving allegations of forgery and investigated whether or not a marriage has actually taken place.

An unmarried partner of someone who dies without leaving a will has no right to that person’s estate. The same applies to a same sex partnership where the parties are co-habiting without the benefit of a 'Civil Partnership'. Nevertheless, such partners can be considered as having an entitlement to the deceased’s estate.

A dependant can also make a claim against a deceased’s estate. This will apply even if the deceased made a will but failed to consider the requirements of a dependant.

Alternatively, as a beneficiary under the terms of a will you may want to know more about your rights.

You may also be a beneficiary under a trust deed which can be very complex and you may be in dispute with other beneficiaries or with the trustees over the interpretation of a trust deed.

In some instances the validity of a will can be challenged. This can have significant consequences in terms of who will ultimately benefit.

We can help to identify what rights you have and help you to achieve a just resolution. If your objectives cannot be achieved through negotiation or other means of dispute resolution we can act for you in court proceedings.