Michael Bower (Director/Litigation Solicitor) has successfully handled a variety of will disputes & probate disputes. The litigation team provide straightforward, realistic legal advice and will discuss the legal costs involved.
Why do these disputes happen?
- ‘Write your own’ will or a will writing company has been used.
- Wills are not valid or forged.
- The will maker did not have mental capacity.
- Family members and/or beneficiaries have been unexpectedly left out of a will.
These kind of disputes can cause issues and arguments between family members & beneficiaries. In many cases these disputes could have been avoided if the legal advice had been sought.
1. The mental capacity of the will maker (Testamentary)
The will maker must have had the required mental capacity to understand what is in their will and be over 18 years of age at the time it was written.
2. Proper execution of the Will
The will maker's signature must be witnessed by two people (preferably individuals who do not benefit from the will). The witnesses must have signed the document in their presence.
3. Undue influence
The will maker should not have been mentally or physically pressured or coerced.
4. Identification of beneficiaries
All beneficiaries must be clearly defined. For example, terms such as ‘Gifts to Children’ can cause complications in respect of step, adopted or illegitimate children.
5. Others who could claim for benefit under a will
The will maker should have ensured that the beneficiaries and the benefit they will derive from the estate is clear. The law recognises those who could make a claim from the estate whether they have been included in your will or not e.g. current or former spouses & civil partners, co-habitees & children.
6. Lost wills
The will should be left in a safe place where the executors can find it. If it is lost, then it will be presumed to have been destroyed and the estate will be dealt with as though you had died ‘intestate’ i.e. without a will. The Laws of Intestacy may work against the wishes of the will maker, so that their estate does not go to who they would like it to.
Initial Enquiry
We would be delighted to explain how we can help you. To speak to one of our team: