Dispute Archives | The Inheritance Experts

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.

Settling a trust dispute can be a complex process, and a distressing time if a disagreement has to be resolved between family members. So we want to ensure that the process is as quick and straightforward as possible. In turn, it’s important to prepare for what to do with a dispute and how you can manage every eventuality.

Consider the Grounds for Settling a Trust Dispute

If you are planning to raise a dispute, you should consider the grounds that you have to base your claim on. Concurrently, the legal grounds to raise a trust dispute include

The trust’s signature isn’t in line with legalities or with the correct formalities.
When fraud is a factor in the process of creating the trust.
Undue influence weighs on the creator of the trust.
The trustee lacks the mental capacity to understand the trust or what they were signing.

So you must weigh the grounds on which you want to base the dispute. From there, you can then raise it with a solicitor and take the case forward.

Hiring a Solicitor for Settling a Trust Dispute

Next, you should always make sure that one of your first steps is that you hire trust dispute solicitors. Doing so ensures you know exactly what to do in terms of your individual case. Additionally, you’re less likely to make mistakes along the way that could impact it.

Solicitors can help to guide your case and help you arrange for the procurement of evidence. They can also help you to organise mediation and discuss the best options in terms of your trust dispute, including whether it then needs to go to court.

Arrange Mediation

Most trust disputes reach settlement once mediation takes way. In general, the mediation process has many advantages. In short, it will include two main factors.

First, you need to gather the trustees together.
Second, you must discuss the case, aiming to work toward a resolution.

However, a third party will sit in on these discussions, who can guide your conversation and aim to bring any disputes to a close.

It will ensure that the case closes before any sort of court proceedings can go ahead. Additionally, it enables you to maintain close relations with your family. Ideally, a resolution will come as smoothly as possible after the case closes.

Court Proceedings

You can go to court in order to remove or change a trustee who is in the dispute. To do this, you will have to present the appropriate evidence to a judge, who will then decide if there is enough evidence to support removing the trustee. This evidence must be written in documents or testimony in order to be valid.

Your solicitor will help you to arrange court proceedings, but the court should approve settlement agreements for the best practice, and they reserve the right to enforce these after the court proceedings.

Although family trust disputes can be complicated, with this guide, you will be able to navigate your trust dispute. It ensures that you will be able to resolve it as quickly and as simply as possible. And, more importantly, that you can sustain good relations between you and your family members.

Planning to write a will in either England or Wales? It will need the signatures and presence of two independent witnesses. If it isn’t, the will is legally invalid, and it could face challenges when you pass away. So having a witness to a will is essential.

There are, however, various rules you will need to adhere to during the signing. To ensure you don’t invalidate a will, read on to learn who can be a witness when executing a will.

Who Should be a Witness During a Signing?

You might be surprised to learn that the laws regarding witnesses are rather relaxed. However, witnesses should be chosen to prove a will has been effectively executed; otherwise, it could make it easier for others to contest a will. For this reason, you should choose witnesses who are:

First, the must be over the age of 18.
Second, they must be competent, i.e. of sufficient mental capacity.
Third, they cannot be beneficiaries or an executor.

For example, you could ask a friend, neighbour or colleague to sign a will. However, only if you do not plan to include them as a beneficiary. It is also possible to ask a GP to be a witness. That’s especially true if you are an elder, are suffering from an illness or are taking medication. By doing so, this could prevent others from stating you were not sound of mind when signing the document and could provide fewer grounds for contesting a will.

Also, it is beneficial to choose a witness who is your age or younger, which will ensure they are alive should you pass away, so they can state they watched the signing of a will.

It is also important to note that a witness doesn’t need to read your will. In essence, they merely need to be a witness to a will signing.

Who Shouldn’t be a witness to a Will Signing?

A witness should be chosen to provide evidence that a will was successfully executed, which can prevent others from turning to will dispute solicitors to challenge its validity after your death.

For this reason, you should avoid asking the following people to be a witness:

First, an executor cannot be a witness to a will signing.
Secondly, a beneficiary is not a valid witness.
Thirdly, a partner by marriage or civil partnership can’t be witnesses.
Finally, any blood relatives are also ineligible.

The Will Signing Process

Once your will is complete, you must fill in the following information in the presence of two witnesses in certain appropriate areas.

The date of the will’s signatures and declarations.
Sign your name using your signature.
Ask the witnesses to add their signatures.
Print their names, occupations, and addresses.

Once the last will and testament have signatures from both the testator and their two witnesses, you can’t amend the document.

When to Review a Will

While a document shouldn’t be amended once the last will and testament has been signed, it is possible to review and amend it at a later date. For example, consider reviewing your will if your partner passes away, you add to your family, or if you get married or divorced.

If, however, you question the validity of a loved one’s will, it is important to act as soon as possible to prevent the executor from receiving a grant of probate. To do so, contact The Inheritance Experts today to talk to one of our experienced will dispute solicitors.

Tag: Dispute

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