Will dispute solicitors in Sevenoaks
At Wellers Reece-Jones our dispute resolution solicitors can provide clear and pragmatic advice if you wish to challenge a Will or you believe a Will dispute has no merit.
We can help if you have concerns about any of the following:
- Whether there was undue pressure or influence put on the testator (person writing the Will).
- Whether the testator lacked testamentary capacity (the mental ability to understand the implications of their Will).
- Whether the Will was signed and witnessed correctly.
- Whether there was legal negligence on the part of the Wills solicitor who assisted in drafting a Will.
- Whether the estate is being administered correctly.
- Whether the Will provides you with reasonable financial provision.
- Whether you have grounds for an Inheritance Act claim.
Who is able to make a disputed Wills claim?
Although any person is in theory able to challenge a Will, such claims are usually made either by named beneficiaries or potential beneficiaries – for example, by beneficiaries from an earlier Will who stand to receive less or nothing as a result of a later Will or codicil.
Claims for reasonable financial provision must be made by a financial dependant – for example, a child, stepchild, spouse, civil partner, or ex-spouse or ex-civil partner who is yet to remarry. Other possible claimants include cohabitants or someone who was raised as a child of the deceased.
In some rare cases a Will might be challenged on the basis that the deceased made a binding assurance to leave a particular property to a person who has relied upon that promise only for the deceased to have changed their mind or otherwise not made provision to uphold that promise. These cases are called “proprietary estoppel claims” and require advice from a specialist probate dispute solicitor.
Can you challenge a Will after probate has been granted?
It is essential that you take legal advice quickly if you believe you have a claim. If possible, you should notify the estate’s executors before probate has been granted so that a ‘caveat’ can be entered, preventing Grant of Probate from being issued.
It may still be possible to dispute a Will on the grounds of validity after the probate process has commenced; you will be able to obtain a copy of the Will at this point because as soon as executors apply for Grant of Probate the Will becomes a public document. However, once the probate process gets underway in earnest, it becomes harder to trace and recover any distributed assets.
Pragmatic and authoritative guidance with a sensitive and personalised approach
We have experience of acting for beneficiaries, executors, administrators, trustees and deputies and can provide a steadying hand to see that your rights are protected and that the wishes of the deceased are respected in full accordance with the law.
Defend or challenge a Will with Wellers Reece-Jones in Sevenoaks
Wellers Reece-Jones Wills dispute solicitors in Sevenoaks have the expertise you require to help you with all of your Wills and probate related legal queries.
Our dispute resolution solicitors can provide guidance and representation if you wish to defend or challenge a Will and can help you make an Inheritance Act claim, a reasonable financial provision claim, a testamentary capacity claim on any other type of litigation related to the validity of a Will.