Contesting a Will

A recent contested probate case has provided private client solicitors with ‘best practice’ guidance where a testator’s first language is not English, or where they struggle to understand the language.

The High Court has upheld a mother’s decision to largely disinherit her daughter because of the daughter’s unkind behaviour.

We look at the reasons for the increase in challenges against Wills and estates, and what you can do to avoid your own Will being challenged.

We look at who can make a claim against an estate under the Inheritance Act and how such claims are assessed by the Courts.

We look at the approach of the Courts in relation to assessing how much to award in claims against estates, including the recent case of Wellesley.

Have you found yourself left out of a Will where you think the Deceased ought to have provided for you? In these circumstances, you may be able to claim.

A recent claim made under the Inheritance (Provision for Family and Dependants) Act 1975 has provided food for thought on a number of points that can arise in such cases.

If someone promises you something but doesn’t take steps to carry out that promise before they die, you may be able to make a claim against their estate.

A recent county court case reported in the Telegraph highlights the importance of seeking professional advice when preparing a Will, and of keeping your Will up to date.

The Court of Appeal has upheld a High Court Judgement that a deceased’s Will failed to make reasonable provision for a financially comfortable cohabitee’s maintenance under the Inheritance (Provision for Family and Dependants) Act 1975.