The reading of a Will is quite a stressful experience when also trying to deal with grief at the loss of a loved one. This is especially the case when you believe that the Will is unfair or wrong. Disputing a Will may therefore be the best option to resolve this.
It might be the case that your loved one has died and after years of looking after him you never thought about who would write a Will for him. When he died, notification from the lawyers suddenly arrived about his Willâ¦The beneficiaries appear inappropriate choices and you believe he was not mentally able to make a Will. If this is your case, then you may be able to contest the Will. For this kind of situation, medical evidence can be very important to support your claim.
Another common situation where people decide to contest a Will is when they suspect it hasn’t represented the deceased’s true wishes. If you were very close to the person who died (as a spouse or a child) it is your right to complain if you think his wishes have been betrayed or not properly reflected.
Property is often a contentious subject involved in the reading of a Will. Certain people have to be adequately provided for when someone dies. This can include; spouses, civil partners, children and even ex-spouses – particularly those under 18 or in full time education. It also includes anyone receiving financial support from the person at the time they died and any live-in partners.
One of the most common cases for disputing a will is ‘the promise’. Simple promises regarding inheritance can be binding. For this situation to be relevant, you need to show that you have acted in some way to your disadvantage in relying on the promise.
Promises regarding ownership of property made at the time a property is bought can also lead to you to having rights, even if your name is not on the Title.
Sometimes, a husband and wife agree to make their Wills on the understanding that they will not change them. If one of them passes away then the other may be restricted from changing their Will. It’s important to find out about this before you embark on any further proceedings. An experienced solicitor can be of great help if you decide to go ahead with disputing the will. Make sure that you choose one who specialises in making an inheritance claim and disputing will cases and get expert professional advice.
Bonallack & Bishop are solicitors specialising in inheritance claims. If you need advice on disputing a Will contact one of their lawyers today. Tim Bishop is senior partner at the firm, responsible for all major strategic decisions. He has grown the firm by 1000% in 13 years and sees himself as a businessman who owns a law firm.