Examples of Will Disputes

Common disagreements over Wills

The Will itself

• The Will was not properly executed as required by Law
• The person making the Will was subjected to undue influence or duress
• The person making the Will lacked the necessary mental capacity
• The person making the Will lacked the knowledge and the approval of its contents
• You’re dependent upon the testator, like children or co habitee spouse.
• Own property jointly with deceased. If you owned a property jointly with the person who died or if you have made a substantial contribution to the cost of any property that was in the sole name of the deceased at the time of their death, you should seek legal advice from a solicitor. It may be that you have a claim which is independent of anything in the Will.
• You think that the testator wouldn’t have approved the contents of the Will. If the circumstances seem suspicious or unusual for the court, then the person relying on the Will is the one who has to prove validity.
• Circumstances that may prompt more investigation. For example a carer helping prepare a Will for the testator or the main beneficiary aiding in making the Will.
• Administrator or executor have mishandled the assets e.g. not investing them properly

Owed debts by the deceased

The estate has to pay off any debts in a certain set order before anything is bequeathed to anyone in the Will, or until the assets run out.

This order is:

• Mortgages
• Rent arrears
• Water rates
• Council Tax
• Personal Loans and Credit Cards
• Debts to the Exchequer (such as overpaid benefits or outstanding tax)

If you have a claim against the estate of the deceased you should make a claim in writing to the person administering the estate, giving proof and verification for the money owed to you. After the assets in the Will have been quantified, the executor or administrator will say whether your claim has been accepted or not. You will be notified in writing if your claim is unsuccessful, after which you have half a year to recruit a lawyer and start legal proceedings.

What if you need to challenge a Will?

If someone suggests to you that you should plan for the worst and make a will, you may be disturbed by this seemingly morbid suggestion.

Will writing and challenging a Will

Contesting a will is never an easy process, but challenges to the last wishes of the deceased are becoming increasingly common nowadays.

Contentious probate solicitors and you

A solicitor who practices in the field of wills and probate will undertake a variety of legal functions involving the wishes of the recently deceased.