0161 413 8763

7 days a week from 8am - 9pm

Menu

Author: Jonny

What Evidence is Needed to Contest a Will?

Posted on by Jonny

Do you know what evidence is needed when contesting a will of a family member?

When a family member dies, it’s often a difficult grieving period for everyone who was close to them. Unfortunately, surprises in the testator’s will can cause more upset during this time. Often, some people find there are suspicious circumstances surrounding it.

No matter why you want to contest a will, you need proof to see a successful claim go through. It helps to know exactly what evidence is needed to contest a will.

So instead of searching for it, stick around and take note of these important steps.

Establishing your grounds to show what evidence is needed to contest a will

Knowing what legal grounds you stand on helps you determine if you can even contest a will in the first place. So let’s say that do meet the grounds to contest a will. Knowing the reason why you are doing it also enables you to streamline how you collect evidence. Here are some of the most common grounds to contest with.

The testator lacks the mental capacity to write the will

For example, if they were experiencing psychosis due to a mental health disorder.

They did not understand or approve the content of the will

Those hard of hearing, eyesight, or who dictate that someone else sign the will fall under this bracket.

Undue influence from another party

These grounds apply to when the testator faces consequential pressure to write their will a certain way.

The will doesn’t reflect a testator’s true intent

Accordingly, this is for circumstances where a will does not truly reflect the testator’s intentions.

Fraudulent Wills

Simply put, fraudulence is when benefits go to someone as a result of fraud. Moreover, you can challenge if fraud is even under suspicion, thus bringing the will itself into question.

Execution of the will violate the Wills Act 1837

Specifically, section 9 of the Wills Act 1837 is under violation in this scenario. As a result, the will becomes invalid and the estate passes under the statutory rules of intestacy.

Vital evidence to collect

Depending on which grounds you follow to contest the will, you’ll need specific evidence to back up your claims. One of the best examples is when you are contesting a will.* In this case, you will need to heavily rely on medical notes.

Witness Statements

Those present at the time of drafting and signing the will are important to determine if a will is valid. This also includes those who may have known the testator well before their own death. Examples of witnesses include**:

  • Solicitors who drew up the will.
  • People who witness the signing of the will.
  • Those, aside from medical professionals, who can attest to the testator’s state of mind during the signing of the will.
  • Loved ones involved in taking care of the testator before they died.
  • Anyone who believes they have knowledge of the testator’s previous intentions regarding their assets.

Helpful Documents

There may be written documents the testator had written which indicate something different from what was written in their will. If you find and verify such documents, they could offer valuable insight into what their true intentions were.

It could be that you find a journal entry which speaks of any undue pressure they experience to change it. Also, seek out any letters written to someone expressing their sincere wishes.

Medical Support

As we say, medical notes are important pieces of evidence. They can prove whether or not a person was in sound mind when creating their will.

Yet, they are also a testament to the testator’s health, age, and any disabilities that may impair their ability to make a sensible decision. Collect them from doctors or other medical professionals around in the time before the testator passes. Moreover, be sure to include notes showing which kinds of medications they may have been taking.

FOOTNOTES
All UK Written Wills
No Win No Fee*

*This is because you trust that the testator lacks the requisite mental capacity to write it.

**But are not limited to.

Do I Have the Legal Right to Dispute a Will?

Posted on by Jonny

We say it often: experiencing the death of a loved one is never easy. When there are financial matters to attend to after they pass away, this adds even more distress to the grieving process. However, when it comes to the legal right to dispute a will, you need to explore your options.

Before you enter into a legal dispute over a will, ask yourself if it’s worth the tensions that may arise within your family. If so, here is how you assess whether or not you can legally dispute it, and how to increase your chances of a successful claim.

Legal right to dispute a will: the grounds to do so

Merely holding suspicions over a will is not enough to give you legal sway when disputing it. Most solicitors will require that you have solid legal grounds for a dispute before they accept a case.

Legal grounds may cover circumstances where:

  • There was no valid execution of the will.
  • Situations where there was no knowledge or approval of the will.
  • Any rectification grounds.
  • Undue influence.
  • Revocation.
  • Lack of testamentary capacity.

Further legal help may be necessary when contesting a will that may be fraudulent. This presents you with grounds to involve the police and could well result in a longer investigation.

Who can legally contest a will?

It is not just the grounds for disputes that you must consider. When assessing whether you are legally able to contest a will, you must also consider who you are. There is a long list of people who can do this. If you are on here, you are off to a good start:

  • Family members directly related to the deceased, e.g. Children or grandchildren.
  • Spouses who are still legally married to the testator.
  • Someone who expects something in the will before the testator dies, but was left out of it.
  • Debt creditors.
  • Someone who financially dependent on the testator.
  • A beneficiary set in a previous will, but not this one.

How to begin a dispute

Remember that as soon as a dispute is brought to light, you will have plenty of time to make sure you cover each stage of the process as thoroughly as possible. It helps to have a solicitor on hand throughout this time, who can provide both emotional and legal support to everyone involved.

While finding the right solicitor is a great first step, you must also make sure you have enough proof when presenting your findings. This is because merely speculative cause for a claim is lacking. It simply won’t give you the legal backing you need to ensure your claim is successful. Furthermore, you may launch a full-scale investigation into the validity of the will in the lead up to this.

It must also be noted that if you are set on disputing a will, do this before probate goes through to avoid drawing it out. It is more affordable for all parties to try mediation before beginning a dispute. Ultimately, however, one in four siblings say they would dispute a will. So, if an agreement cannot be reached, you are perfectly right to dispute yourself. This is as long as you are aware of the risks that come with a dispute.

What to Do If a Will is Fraudulent

Posted on by Jonny

What would you do if a family member’s will is fraudulent? Fact is, this is an upsetting time for all the friends and family who knew them. Often, the Will they leave behind is the last thing on someone’s mind. People are still grieving over the death of a family member, after all.

However, there will be times when suspicions arise over the validity of a will, as it’s possible that a will is fraudulent.

Unfortunately, you must act quickly to determine if this is, in fact, the case. Concurrently, a longer wait may result in less closure and more financial turmoil. During this difficult time, there are some tips you can follow to ensure the claim goes much smoother.

Sound out your suspicions

If a will is fraudulent, then it may not just be you who has their suspicions. Some of these wills are often completely valid but without expectation. But estimates on the cost of probate fraud lie somewhere between £100-150 million.

It is, therefore, reasonable to assume that fraudulent cases do occur. Yet it still helps to confirm your suspicions with others first before assessing whether you can make a valid claim. Make sure you are taking note of warning signs above all. Because when emotions are running high, it’s easy to become suspicious of anyone and everything.

For this reason, you’ll need to make a distinction. Then, you must decide if there is enough proof to contest the will. Without it, you may struggle to get a solicitor on board to take the matter further.

Find legal support for your case

For any case involving a fraudulent will, it always helps having a solicitor on hand to help you determine whether your case is viable. If it is, they will then act as a vital form of emotional and legal support during an already stressful time. They will also provide necessary resources to launch an investigation into the will, which you may not have at your disposal otherwise.

Searching for the right solicitor can be stressful in and of itself, but you can streamline the process by looking at online platforms to find the right one. This solicitor will have a great understanding of the burden of this kind of claim, and should act in your best interests to make sure your case has the best chance of winning.

Take legal action if a will is fraudulent

When it comes to fraudulent wills, the cases are not as simple as in any other circumstance. If someone is found guilty, they are liable to face criminal charges of fraud and could face prison time.

So, even after your solicitor determines a will is, in fact, fraudulent, a legal action might still be necessary. This is when involving the police becomes paramount. The fraudulent person needs to be brought up for committing a serious crime. This kind of legal process can become more daunting for family members still grieving. But it’s important that you receive proper closure and financial security by following this action through to the end.

How to Handle a Trust Dispute

Posted on by Jonny

Knowing how to handle a trust dispute is becoming increasingly relevant to inheritance affairs. It provides a unique way to minimise estate taxes, for one thing. Also, trusts are becoming a more popular solution instead of wills for when you wish to leave money to a family member after death.

The thing is that while a trust benefits someone else, it must be in waiting until this beneficiary comes of age. Alternatively, until they reach a certain set of requirements that allows the assets to go into their care. While this kind of arrangement can benefit some people, not always. In short, it also paves the way for disputes over who the assets should really belong to.

To handle a trust dispute, while messy, it requires paramount sensitivity. Here’s how to do it.

Establishing your claim

Before you go about making a trust dispute, it’s best to establish why your claim would be viable. Many people dispute trusts because:

  • assets aren’t split fairly between trustee members;
  • someone wishes to remove a trustee from the trust, or;
  • there have been significant issues with the handling of the trust.

These claims may present reasonable ground to work from – if you have proof. With evidence, it always makes more sense than what the conditions of the trust initially lay out. For example, if someone unknown to a family is in receipt of an entire trust over the testator’s close-knit children.

Bear in mind that if you’re a vulnerable beneficiary, you may struggle to make a claim without the appropriate support. That holds whether you are not yet 18 or live with a disability. This is, of course, unless a trustworthy family member and solicitor can support you on your behalf.

Finding the right solicitor

Knowing when you have a claim is only half the battle when you handle a trust dispute. You must then choose a solicitor to help guide you through the process. Accordingly, you’ll be able to understand legal limitations and guidelines at every step of the way.

Going it alone can result in you incurring extra stress and financial worry over an already sensitive issue, but it is natural to be wary about which solicitors you trust.

To help you make a sensible decision, it’s a good idea to use specialist online platforms to collate real-world recommendations. This way, you can be confident that the solicitor you have chosen will be able to help.

Funding your legal costs to handle a trust dispute

With 30% of people worrying about approaching a lawyer or solicitor over fears of cost, cost las always been a huge factor in putting people off making a claim. However, when you feel passionate about your case, it’s worth putting in a claim to see if it is successful. You can either create a payment plan for paying your solicitor, or you may seek legal aid. In any case, the most popular kind of claims is those which are no win, no fee. This is because they don’t require a claimant to pay any sort of monetary incentive if their claim falls through. If their claim is successful, then the assets recovered from this claim may help pay for the legal costs associated incurred due to winning.

Inheritance Tax Reforms Adds to Rising Cost of Death

Posted on by Jonny

The cost of dying is increasing and only set to rise due to new inheritance tax and death reforms. Couple this with the rising cost of coffins and probate fees. In short, it means that dealing with a loved one’s death will become a cause of debt in the future. It seems that inheritance tax and death go together too well.

Reforms to Inheritance Tax and Death Cost rises suggest more than mere coincidence going on here The Taxpayer’s Alliance has recently published their findings on the new reforms. Accordingly, they estimate that between the years 2019 and 2020 the new tax reforms will earn the government £5.35 billion. That figure marks the highest amount it has ever received from inheritance tax before. To put this into perspective, in 2010 the amount through inheritance tax was £2.7 billion. The largest jump in costs was between 2014 and 2015. Then, the inheritance tax jump was from £3.8 billion to £4.6 billion.

The Cost of Reform to Inheritance Tax on Death

This report, titled “The Cost of Death” is one of the first comprehensive studies into the subject. Moreover, it ideally summarises the start of systematic change into a system targeting middle-class Britons. The report includes its findings regarding the shift to tax reforms, mainly. This, as well as how the possible probate rate changes will add up to costing real families across the UK. For most, of course, inheritance tax is not an issue. The average cost of homeowners, however, sits around £405 for those families whose family member did have an estate. In turn, this means that simply owning a home in London, costs rise upwards to £60,773. But with the new inheritance tax, it could increase even further to £61,773. This amount doesn’t take into consideration the average cost of a funeral in the UK. As of 2019, the cost is approximately £3,757 (£4,267 for burial, in comparison with £3,247 for cremation). The proposed increase to probate fees is on hold. Further, the motion to put the proposed changes does not yet have a scheduled date. If they do come into play, however, the changes will mean that the probate will switch significantly. For example, the flat rate of £215 goes to a banding system similar to how land registry fees work. This is not the same as the inheritance tax, however. That setup applies mainly to those with a significant estate/property in areas such as London. Rather, this change to probate will affect all homeowners. The change will increase between £35 to £5,785 on top of the £215 set fee we currently see.

Discouraging families

This change is “anti-aspirational” according to John O’Connell. He believes (rightly) that the changes discourage families from trying to save up anything to pass on to their children. Moreover, the lack of confidence is compounded by the other changes that take effect year on year. As a result, families lose out on savings, earnings, and property that is already subject to taxation. Or, in this case, a lot. In turn, the hard work and savings parents put into the future of their families might one day be for nought. Currently, the Taxpayer’s Alliance has taken their findings to the Ministry of Justice and to the Treasury. As a citizen of the UK, however, you can work to protect your assets. Start by getting in touch with an inheritance lawyer to learn of your options. Moreover, expert lawyers help you manage your assets to ensure as much of your estate as possible goes to the beneficiaries. When it comes to receiving the right inheritance, you need the experts on your side. By coincidence, that’s where we can help. Our team guides you through the process of disputing/contesting a will or probate. In turn, we help you to achieve the best possible outcome. Don’t hesitate to contact us today to discuss your needs.

Other things we write about concerning Inheritance

Additionally, be sure to learn more about our expertise in the areas of Inheritance and your finances.

What Happens If A Family Member’s Will Is Contested?

Posted on by Jonny

There may be many reasons why a family member’s will is contested.

  • It may be that a family member feels subject to unfair treatment.
  • Perhaps the will exists under negligent circumstances. For instance, the author of the will didn’t have the mental capacity to understand the legal document.
  • Or there may be suspicions around the authenticity of the will.

Whatever the reason, will disputes are valid and involve professional inheritance solicitor’s assisting with the proceedings. Below, we review what happens if a family member’s will is contested, and how it can affect you.

Legal Rights to Dispute the Will Require Verification

When a family member’s will is contested, the person contesting will have their legal rights checked. This means a solicitor first must ensure the person has the valid right to make a will dispute. In the case of a family member, blood relations are legally allowed to contest a will. If it’s your family member’s will under contest by a non-blood relative, they need to be one of the following.

  • First, they can be a spouse.
  • Additionally, it could include a creditor.
  • In all cases, the person is a beneficiary.
  • Moreover, it could be an individual who relies on the testator for financial or living support.
  • Finally, it could be an individual expecting something from the testator by promise, but the will doesn’t spell out. The promise varies in nature, usually: verbal or in writing.

If a non-family member is an individual contesting the will, then it will need to be an official family member who states whether they agree with the unfair treatment or not, in order for the dispute to proceed.

Seek Legal Advice at the Earliest Opportunity

There is a time limit on how long a will dispute can be maintained for. With this in mind, professional solicitors advise for an individual to seek legal counsel as soon as possible to get the ball rolling.

Mediation Will Commence

Once one assigns an inheritance solicitor, negotiations and mediation time begin, which can often take months. The aim is to come to an agreement satisfying all parties. In turn, dependable legal advice is crucial for this process. Moreover, it depends on the cooperation of the individuals in the process.

For example, say an individual can contest the will legally, but another party is unwilling to agree. Quite simply, the mediation time can extend even longer.

What Happens If Mediation Doesn’t Work?

If this is the case, then the dispute goes to court. The Courts will provide a date, which may include a lengthy wait time – sometimes 12 months. No further action can be taken in the will dispute until the court date is met.

This, in turn, means a lot of extended waiting. That waiting adds to the distress of the grieving process, especially if you seek closure on the situation.

A court hearing is also time-consuming and expensive, which is why an inheritance solicitor will always endeavour to settle and come to an agreement beforehand in order to avoid the need to go to court.

A written affidavit will also need to be submitted in advance of the hearing.

Worth Making A Will Dispute? Find Out

Posted on by Jonny

Is it worth making a will dispute when all is said and done?

The passing of a loved one is a distressing situation, and all the more so when you may have to dispute a will. It’s easy at the moment to dismiss the idea of disputing it. You want to ease the situation as you manage your grief.

However, it’s important not to feel as though you’re alone. Moreover, the professionals at The Inheritance Experts can help if you find it’s worth making a will dispute during a difficult time. Here is the information you need if you think it’s worth making a will dispute. In turn, you can make an important decision regarding your future.

Worth making a will dispute? Leave it to Inheritance Professionals

It’s an overwhelming idea to think of contesting a will, without having any experience in the area and feeling a little out of your depth.

To decide it’s worth contesting a will, it’s important to note that you’d have absolute support throughout the process. Moreover, support from an inheritance solicitor who knows what they’re doing. These experts will represent any overlooked individual or invested party in order to gain the best outcome for all involved.

What Do I Need To Know Before Making a Decision?

Before disputing a will, you need to know whether you have a legal right to do so and whether your reasons for contesting the will are solid and just. It’s important to seek legal advice regardless of whether or not you decide to contest a will, just to ensure that all initial, adequate grounds are met in order for you to make an informed decision.

A professional inheritance solicitor will assess the intentions of the testator and provide their expert opinion. It’s also important to invest in a sympathetic solicitor who takes the time to get to know your family, in order for everyone to better cope through the process and maintain relationships.

How Long Does It Take?

If you’re considering contesting a will, it’s important to be ready for how long it might take. Every case is unique, and there is no set time frame, but you should be expecting months of mediation time.

The time frame also relies on the cooperation of all parties. Naturally, if everyone is cooperating, the process will be smoother and possibly quicker. If mediation isn’t successful, the case goes to court, which of course will strongly lengthen the process.

Court dates are sometimes given 12 months in advance. For difficult disputes, it could take significantly longer, perhaps even a few years. Can you hang on for that amount of time? Will the lengthy process hinder you? Then it may be worth making a will dispute.

If, however, the time factors are an issue for you, it may not be the best course of action. In summary, every circumstance is unique in terms of whether a will should be disputed. But it’s definitely worth at least seeking advice regarding your options in the first instance.

Contact the team at The Inheritance Experts for any queries regarding disputes. Even if you are unsure if it is worth it, we can help guide you through the process.

Jail Time for Son-in-Law who Forged Will

Posted on by Jonny

A man gets 12 months in prison for his attempts at forging a will for his mother-in-law.

Brian Fairs, 77, is guilty of copying and pasting Gillian Williams’ signature, then forging a will to try and ensure a share of her £100,000 estate. His wife, Julie Fairs, also earns a conviction of forgery and fraud. However, her 12-month sentence comes with a suspension.

Mrs Williams had cut her daughter and son-in-law out of her will to stop them from benefitting from her estate in death. During the hearing, the jury heard that Mrs Williams thought her son-in-law was ‘cantankerous and arrogant’, even ‘dominating’ of her daughter.

The judge hearing the case at Gloucester Crown Court was Recorder Mr Ignatius Hughes QC. Hughes says that it was clear from both her wills and conversations with others that the late Mrs Williams didn’t want either her daughter or Mr Fairs to benefit from her estate.

Thus, she wrote them both out of her will. Mrs Williams’ sister, Lynn Botchett, states in her testimony to Gloucester Crown Court that “she never wanted anything to go to Julie, never.”

Ms Botchett alleges there had been problems in the relationship. They stem from when Mrs Fairs and her biological father, Stan Howitt, spoke behind Mrs Williams’ back. Evidence shows that Mrs Williams made alterations to her will after the death of her son, Terence Howitt.

The genuine will against the forging of a will

The genuine will was made through Christopher Davidson Solicitors. Coupled with three beneficiaries – brothers Martin, Geoffrey, and Paul Davies – in it. Their father, Frank Davies, offers testimony of what Mrs Williams had told him within the three years prior to her death.

“There is no way I can leave anything to her. She has had everything she is going to get out of me.”

Fairs handles forging a will accusations

After Mrs Williams’ death in May 2017, Brian Fairs did a copy-and-paste of a signature from his mother-in-law’s real will onto a forging of a will.

The solicitors told the jury Mr and Mrs Fairs came forth with ‘three loose pages of paper together in a wallet’. Wills “tend to be bound together so you know there are no pages missing.” Plus, Mr Fairs claims that he himself wrote the will. She adds the following.

‘The signature was not an ink signature, it looked like it had been cut and pasted.’ and that he had ‘taken the signature off (of) a previous will. In addition, some page numbers and dates were not consistent.” Moreover, “some pages had staple holes while others did not.

The judge said he believes that Mr Fairs was the driving force behind the scheme and his wife had gone along with it. During his ruling, the judge spoke of Brian Fairs.

‘(He was) responsible for the dishonour that now falls on you and your wife for what you decided to do.’

In defence of Fairs’ actions

Brian Fairs’ defence solicitor says his client’s actions were ‘about as far from sophistication as one can imagine.’ He adds while both Mr and Mrs Fairs’ made denials, Mr Fairs now accepts that he was ‘incredibly stupid to start the process.’

Like to discuss an inheritance issue? Keen to discuss the effects of this story? It’s in your best interest to get in contact with us at The Inheritance Experts where we can discuss your issue or requirement.

DNA Test Ensures Care Work Can Inherit Country Estate

Posted on by Jonny

After a long battle, a care worker will inherit a 1,536-acre National Trust estate. This results after a DNA test for inheritance shows that he was the rightful heir.

John Adlard Rogers rightfully inherits the Penrose National Trust estate, one of Britain’s finest estates. Rogers, 31, was finally able to prove that he was the illegitimate son of the previous owner, Charles Rogers. The test confirms John Rogers’ long-held claim that he was Charles Rogers’ son.

A long line of owners uprooted by DNA test for inheritance

Charles Rogers was the last in a long line of aristocratic owners who had owned the estate for generations. Since he was eight years old, Jordan suspects that Mr Rogers was his father since the age of 8. However, his requests for a DNA test were always subject to denial.

But then Mr Rogers died due to health reasons involving drug use in August 2018 at the age of 62. Subsequently, Jordan was finally able to take the DNA test. The results prove that he was indeed the rightful heir.

Jordan admits to struggles with making ends meet on his salary as a care worker for many years. He has now moved into the large house, located between Porthleven and Helston in Cornwall. The Rogers family gave the property to the National Trust in 1974 in return for a 1,000-year lease so they could continue to live there.

The family’s Trust generates income by renting land to local farmers and by investing in stocks and shares. This produces a substantial income for the tenant of Penrose, which means Jordan no longer needs to work. Jordan Rogers has recently become a father for the first time.

With the new inheritance, he has already made a couple of notable purchases:

  • The installation of an outdoor gym.
  • A brand new Mercedes C63.

In a Facebook post, Jordan displays a photo of his brand new home. Rogers says that it has been, ‘a hard three months of fighting for what is truly mine.’

He also adds:

‘I’m sure there will be lots family barbecues in the future I also have a tennis court.’

‘Maybe then he might have taken a different path.’

Despite his new-found wealth, Jordan claims he would give it up if he could have been closer to his father. Perhaps owing to his care worker mindset, Jordan says he wishes he could have helped Charles turn his life away from the drug abuse which ultimately led to his death.

Charles Rogers waged a battle with drug addiction for several years. In the months before his death, he was neglecting to take care of himself in terms of both hygiene and nutrition. An inquest heard that the testator was sleeping in his car. This instead of his Grade II listed home in which he lived. The car is where he was found dead due to drug intoxication.

Jordan spoke of the issues that may have exacerbated his drug use.

‘There was always a pressure of him trying to match expectation,’ he says. ‘His brother was an RAF pilot and his dad a lieutenant commander in the Royal Navy. So he had big shoes to fill.’

‘Charles served in the Army in Northern Ireland, and I think this affected him greatly along with the death of his brother Nigel from cancer who he was very close to.’

Jordan adds:

‘People say I’m lucky. But I would trade anything to be able to go back and for Charles to know I was his son. Maybe then he might have taken a different path.’

Perhaps you would like to discuss an inheritance issue regarding a similar situation. Alternatively, this story might have an effect on you. Reach out to us: it’s in your best interest to get in contact with us at The Inheritance Experts where we can discuss your issue or requirement.

Poll Shows Millions Would Dispute a Will if Unhappy with Result

Posted on by Jonny

A poll of British people reveals millions would dispute a will if unhappy with result of the awarding of assets went down. The poll by Direct Line Life Insurance found that over 12.6 million British people would challenge a will in court.

  • Especially if the division of assets was inappropriate.
  • Even if the testator’s will was current and clear.

This finding is particularly interesting when we consider that around half don’t write a will at all. They don’t because they presume that their assets will automatically go to their spouse, partner or children by default.

Why Some Would Dispute a Will if Unhappy with Result

However, complications arise with:

  • multiple marriages,
  • half-siblings,
  • non-traditional families and;
  • couples free of weddings who live together.

Some people fail to update their will and sometimes a main benefactor may already be gone themselves. There were over 8,100 applications to contest wills in 2017, a 6% increase over 12 months. These ‘grants of probate’ cost £20 to file. That means British people spent £160,000 in one year on raising issues with wills.

According to a family solicitors, the most common reason for contesting a will in the UK is that the testator was under ‘undue influence’. In essence, someone faces pressure to sign a will which did not necessarily represent their true wishes. These petitions are not often successful: the challenger needs to provide a high level of proof.

Wills can also face challenges on the grounds of ‘testamentary capacity.’ In short, the legal and mental ability of a person to alter or make their will is in doubt.

There are also ‘rectification and construction’ claims that face contesting. This is the claim that a clerical error was made when drafting the will, and it didn’t truly reflect the testator’s wishes.

Business manager at Direct Line life insurance, Jane Morgan, says:

‘While people are increasingly contesting wills, everyone has the right to choose how they’d like to distribute their assets. Even if it seems unusual or excludes even the closest family members. People can be surprised and hurt by the contents of a will. So people may wish to discuss with beneficiaries and those that might think they would inherit. How they plan to distribute their assets.’

The difficulties of when you dispute a will

Unfortunately, the issue of money and trust is often problematic before death. A recent study reveals only half of adults would trust a family member to manage their finances if they could no longer do it themselves. A study by a legal service also found that over 33% don’t have a family member we would trust to take care of our affairs. Essentially, we don’t believe our family can manage our own money when we can’t do it ourselves.

It’s therefore even more surprising to learn that nearly 80% of those aged over 45 do not have a lasting power of attorney (LPA). This legal document identifies the people they would prefer to manage their affairs when they are no longer able to. Over 41 million people believe that they do not need an LPA as their loved ones would be automatically able to make decisions on their behalf if they could not.

Would you dispute a will if unhappy with results? We can help. If you’d like to discuss an inheritance issue or feel the effects of this story, reach out to us. It’s in your best interest to get in contact with us at The Inheritance Experts where we can discuss your issue or requirement.

0161 413 8763

7 days a week from 8am - 9pm

Thinking of joining our panel? Get in touch with customer acquisition agency, mmadigital, by completing their contact form and they will get back to you. Digital Agency