In many cases, the family of someone who dies may not know what provisions have been made by that person in their Will until the Will has been found some time afterwards. It is not uncommon for the family to be surprised and even disappointed by how the estate is to be inherited. In these cases our expert lawyers can help you in contesting a will or probate.
There are many different reasons for this; sometimes the Will might cut out family members who expected to inherit or the Will may have been executed at a particular time when the testator was ill. In other cases there may just be problems with understanding the Will or it may later come to light that the person appointed as executor is not able to perform that demanding task.
In these cases and others, someone who feels they have lost out as a result can apply to have the Will set aside (meaning it will not be valid) or can get other orders from the court to correct the problem. These cases are known as contentious probate, and there are many potential solutions for the problems that can arise.
Healys acts for claimants and defendants in these cases, giving us a detailed understanding of both sides in these often complex disputes. We understand that these cases can be very difficult for everyone involved, with problems often arising at a time when people are already suffering from the loss of a loved one. Although it is ultimately possible to go to court for a number of reasons, we always explore ways of settling cases as quickly as possible to avoid distress and cost at this difficult time.
The areas where we can assist include:
In most cases in contesting a will or probate, where a will is to be disputed or some other claim made against the estate, the first step is usually to make a formal request to the solicitor who prepared the will to find out the circumstances when the instructions for the will were taken and when the will was executed. This step often gives information that allows a detailed assessment of whether a claim should be pursued.
Probate law has developed over many hundreds of years, and some of the words used by lawyers in this area can be very confusing; Latin and old English words that have fallen out of use in everyday life are often still used in these cases. Even more confusingly, some words that might seem to be normal English words have special meanings in probate law. We have produced a glossary of terms commonly used in probate cases.
To speak to one of our specialist Contentious Probate litigators to help you in contesting a will or probate please contact Ben Parr-Ferris on 020 7822 4105 or email email@example.com.
28th November 2019
The older you are when you make or change your will, the greater the risk that your loved ones will become embroiled in dispute after you are gone. The point was proved by a case in which the onset of dementia very nearly thwarted a retired nurse’s wish to divide her estate equally between her four children. Continue reading »
5th July 2018
A recent case on the difficult area of proprietary estoppel demonstrates that when it comes to who will inherit your estate, you may not be able to change your mind if the potential beneficiary has already relied on the promise. Continue reading »
15th March 2017
The Supreme Court has today handed down judgment in the case of Ilott -v- Mitson, the first time that the highest court in the land has considered claims under the Inheritance (Provision for Family and Dependants) Act 1975. The court has overturned the Court of Appeal’s decision in the case, making some important points on how the courts should apply the 1975 Act. Continue reading »
9th June 2015
Since the Wills Act 1837 there have been strict laws on how property can be passed when someone dies; anyone who has made a will should have been told about the requirements for executing the will to ensure its validity. Even before 1837, the Statute of Frauds 1677 set down provisions relating to wills having to be in writing. On top of this, there are strict rules on agreements to transfer land having to be in writing, and (since the Law of Property Act 1925) executed by deed. Continue reading »
6th June 2015
Ben Parr-Ferris, Senior Litigator, Contentious Probate team of Healys, continues his series of articles explaining the different ways in which Wills and Probates are contested. Continue reading »
20th January 2020
As Brexit grows closer, immigration has become a key discussion point for Boris Johnson’s cabinet. The UK government has proposed new restrictions set for low-skilled migrants seeking to work in Britain. This policy has not been finalised yet, although there are plans for implementation without transition by the end of December 2020. Continue reading »
3rd January 2020
Healys LLP is delighted to announce the appointment of Andrei Baev as Partner, the Head of the Energy and Infrastructure Department and the Head of Russia/CIS desk.
23rd December 2019
Christmas is an exciting time for many as we prepare to give and receive thoughtful gifts, spend time with loved ones, and ignore calorie intakes as we embrace chocolates, comfort food and more! However, the festive season can also be an extremely difficult time for many individuals and families too. A great number of children at Great Ormond Street Hospital (GOSH) are too ill to go home for Christmas. Continue reading »
15th November 2019
24th October 2019
As Shamima Begum begins her legal challenge against the Home Office, the Special Immigration Appeals Commission (SIAC) is holding a 4 day preliminary hearing. The specialist court will hear the legal challenge and consider whether the removal of Ms Begum’s citizenship has rendered her stateless and was therefore unlawful.
Ivon Sampson, Head of Immigration, joined Iain Dale live on LBC to discuss the issues of the case, and the possible consequences of any decision.
Listen to the full radio interview here: