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    Archived pages: 33 . Archive date: 2014-10.

  • Title: Contesting a Will | Solicitors providing specialist legal advice on contested wills
    Descriptive info: .. Free Initial Advice.. 0800 1404544.. Contesting a Will.. Solicitors providing specialist legal advice on contested wills.. Main menu.. Skip to primary content.. Skip to secondary content.. Home.. About Us.. Our Articles.. Burial Disputes.. Destroyed Wills.. Executor Disputes.. Intestacy Rules.. Inheritance Claims.. Invalid Wills.. Missing Wills.. Negligence Claims.. Undue Influence.. Will Fraud.. Contesting a Will – FAQ.. Probate Caveat.. Time Limits.. Funding Challenges.. Contact our Solicitors.. Contesting a Will Specialist Solicitors.. Contesting a Will is sadly becoming increasingly common.. However cases involving will disputes can be difficult and it is important to appoint a solicitor who specialises in these cases.. Our will solicitors specialise in both bringing and defending contested probate cases.. Please think carefully before bringing a case.. Apart from the cost and stress, a will dispute can cause enormous damage to family relationships.. Possible reasons for going ahead.. There are many reasons for contested Wills claims, including.. :.. Inheritance claims.. – dependants not getting reasonable financial provision from the deceased’s estate under the Inheritance Act 1975.. Wrongly drafted Wills giving rise to professional negligence claims.. Claims against or between trustees or personal representatives.. The deceased lacked mental capacity.. The Will was made fraudulently or under duress.. The Will is invalid.. It is  ...   offer no win no fee agreements for appropriate cases.. Why choose us to help if contesting a will?.. Our solicitors are Wills experts.. We offer FREE initial phone advice for contested probate.. Our will solicitors can handle your case wherever you live in the UK.. They can take your instructions by email and phone without needing to meet you – or can see you in one of our 4 offices in Hampshire, Wiltshire, and Dorset.. Contact us today.. Our solicitors represent clients nationwide in contesting Wills – especially in Wiltshire, Devon, Somerset, Berkshire, Hampshire and Dorset.. So wherever you live in the UK, for clear and practical legal advice on contesting a will, contact our wills solicitors today for FREE initial advice:.. FREEPHONE 0800 1404544 or.. use the contact form below:.. Your Name (required).. Your Email (required).. Telephone Number.. Your Message.. Follow Us.. FREE Initial Advice.. Initial advice about contesting a Will is FREE.. 0800 1404544 or.. Subject.. FREE Download.. Avoid problems with your Will.. Read our FREE Download.. 27 Reasons to Make a Will.. Contesting a Will - Solicitors providing specialist legal advice on contested wills.. Bonallack & Bishop Solicitors (76483) – regulated by the Solicitors Regulation Authority.. Zedoary -.. Web Design Cornwall..

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  • Title: Contested Probate Specialist Solicitors | Contesting a Will
    Descriptive info: Contested Probate Solicitors.. We are a rapidly growing firm of solicitors based in Hampshire, Dorset and Wiltshire.. Our team of specialist solicitors regularly help clients in.. contested probate.. and inheritance disputes cases nationwide.. Contested probate cases who can we help?.. Our solicitors act for a variety of clients in contested probate claims including those making or resisting claims in respect of:.. – dependants or other family members who feel they did not receive reasonable financial provision under a will.. Beneficiaries or others believing they did  ...   drafted or executed in the first place.. Executor disputes.. - when executors disagree with each other on distribution of the estate.. Those arguing the Will was made fraudulently, under duress or undue influence.. Beneficiaries or others believing the testator (i.. e.. person making the Will) lacked mental capacity when the Will was made.. Those arguing the Will may have been revoked.. If you need legal advice on bringing or defending a contested probate case, talk to our solicitors first.. Contact our specialist.. Contested Probate.. Solicitors on:..

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  • Title: Contesting A Will Articles | Contesting a Will
    Descriptive info: Contesting A Will Our Articles.. Can Mistresses Make Inheritance Claims?.. Contesting A Will Definition Of Terms.. Dispute Resolution And Inheritance Claims.. Disputing A Will On Behalf Of Someone Else.. Who Can Contest A Will?.. Increase In Will Disputes.. Will Validity Doesn t Depend On Speaking The Language.. Inheritance Claims: A Very Difficult Legal Area.. How  ...   Death.. Domicile and Inheritance Claims.. Storing Your Will.. What Does An Executor Actually Do?.. The Rise in Contested Wills Claims.. Contact our.. UK Contested Probate.. Solicitors.. Wherever you are in the UK, whether your problem is the potential.. Inheritance Claim.. ,.. Will Contest.. or.. Executor Dispute.. , for a.. FREE.. initial telephone consultation,.. FREEPHONE 0800 1404544..

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  • Title: Disputing A Will | Specialist Solicitors | Contesting a Will
    Descriptive info: Will Disputes and Disputing a Will.. Disputing a Will.. comes under an area of law referred to as ‘contentious probate’.. This is a specialist matter and we strongly recommend that if you do wish to contest a Will you obtain legal advice from a solicitor who specialises in will disputes.. When disputing a Will, the court will assume that it is valid until proven otherwise.. Therefore the burden of proof is on the applicant.. What makes a Will valid?.. A Will is an intricate document, which requires careful drafting.. In order for a Will to be legal the following legal requirements must be satisfied:.. The testator (the person creating the Will) must have been 18 years or over at the time of signing the Will.. The Will must not be executed under any undue influence.. The testator must have legal mental capacity in order to execute a Will; for example, there must be no evidence that the testator suffer from any mental illness such as dementia, when creating the Will.. The testator must have fully understood if the meaning and consequences of their choices within the Will.. Two people must witness the Will.. These people are not normally beneficiaries.. If a beneficiary does witness the Will then, they lose their right to receive a legacy.. The rest of the Will however, remains valid.. The testator must sign the Will in the presence of both witnesses.. The witnesses must either see the testator sign the Will or must acknowledge his/her signature.. The Will must be created by the testator’s own free will.. What reasons are there to contest a Will?.. There are many grounds on which a person or beneficiary can rely on when disputing a Will, including the following:.. A beneficiary disputes their inheritance (under the Will itself or under intestacy rules in the Inheritance Act 1975).. The claim is brought on the ground the deceased’s dependants or family did not receive.. reasonable’ financial provision from the estate..  ...   leaves the rest of the Will intact.. Time limits.. Any action in disputing a Will must be brought within 6 months from the grant of probate.. It is nonetheless a good idea to lodge your dispute immediately prior to the grant of probate.. This means ideally any claims should be brought within 6 months from the date of death.. If you are thinking of disputing a Will, you must be aware that the time limits are quite tight.. As a result, we recommend you contact a specialist solicitor immediately to obtain appropriate advice.. Disputing a Will – what should I do?.. The first step is to decide the reasons for.. These reasons will then form the grounds on which your case is made.. After you have established your reasons, a ‘caveat’ can then be lodged at the Probate Registry.. This caveat prevents a grant of probate from occurring without a notification being made to you.. If an injunction is granted against probate then it also halts any verification of beneficiaries under the Will.. Therefore it is vital that a caveat is lodged before the grant of probate happens, if not it may be too late to contest the Will.. After you have lodged a ‘caveat’ the beneficiaries under the Will may counter-issue you with a ‘warning’ this applies whether you personally are beneficiary or not.. This warning means that they disagree with your claim and feel that you do not have any entitlement under the Will or that they are satisfied with the validity of the Will and the divisions within it.. If ‘warning’ documentation is issued, you will need to decide whether or not to proceed with disputing a Will.. You will have to consider that further action may lead to issuing legal proceedings and potentially a court case.. Our solicitors act for clients nationwide, from Bournemouth to Sheffield, Coventry to Cardiff.. For more information about will disputes.. ,.. call our specialist solicitors today for FREE initial advice:..

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  • Title: Burial Disputes | Contesting a Will
    Descriptive info: Burial disputes can be very distressing, especially as by nature they take place so soon after the death of the person in question.. This means that it’s important you take action quickly if you are engaged in a burial dispute and think that you have grounds to have your opinion considered.. As the name suggests, burial disputes arise when people cannot agree how or where to bury the body of the diseased.. Many people state their wishes for burial or cremation in their will, but these wishes are not binding and so disputes can sometimes arise.. Usually, it is the executor of the will of the diseased, or their nominated personal representative, who has the power to dispose of the body.. This is in contrast to the general assumption that it is the next of kin of the diseased with the authority to do this.. This means that unless you can prove that the executor of the will (or personal representative in cases where  ...   if at all possible it s incredibly distressing for all involved, not to mention expensive.. So, if you possibly can, it’s definitely best if you can work out your differences together without legal action.. In particular it is well worth considering if the deceased would really have wanted to see a distressing legal case being fought over their burial by those they loved and left behind.. However if you do think you really have no option but to take legal action, you will need do this as soon as possible as you will need to get your interim injunction in position before the funeral of the diseased takes place.. Involved in a Burial Dispute? Contact us today.. Wherever you live in England and Wales, if you are worried about a burial dispute, our specialist inheritance lawyers are here to help.. We can advise you by e-mail, phone or Skype – or in a face-to-face meeting you in our offices in Wiltshire, Dorset and Hampshire..

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  • Title: Destroyed Wills | Contesting a Will
    Descriptive info: Anyone making a fresh Will, or revoking a previous Will, normally destroys the earlier version.. Burning a Will is probably the best way of destroying a Will and, if any paper should survive, making sure that no text remains legible.. The situation however becomes more complex if either a new Will is made without destroying the earlier or if someone doesn t get round to making a new Will having destroyed their previous one.. In particular if there is no Will replacing the destroyed one, then the deceased simply dies intestate – it s as if they never made a Will at all.. What happens if someone  ...   establishing what was actually in the Will.. It s often easier to do so if you can find copies of the destroyed Will – check with the solicitor who originally drafted the Will as they may have kept copies.. Without an actual copy of the Will, however, things get trickier.. To establish the Will as valid, you will need to find some proof of the contents of the Will – perhaps a letter written by the person making the Will about its contents.. Problems with a Destroyed Will ? Talk to us first.. Wherever you live in the UK, if you re thinking about.. , we can help..

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  • Title: Executor Dispute Specialist Solicitors | Contesting a Will
    Descriptive info: Disputes between Executors, Trustees and Beneficiaries.. Trustees and executors are generally referred to as Personal Representatives (PR s).. When there is a disagreement between one PR and another, or between a beneficiary and a PR, either party may make an application to court to appoint a judicial trustee.. PR’s or beneficiaries may find themselves in conflict with the actions taken by a PR in a number of situations including:.. A dispute over the suitability of a particular investment or administrative act to the trust..  ...   beneficiary under the Will/intestacy, or they are a director/shareholder of a company in which, the estate is concerned.. Where a PR is partisan i.. friend or adviser to one of the principal beneficiaries, it may be felt that they have misused their powers whilst acting under a power of attorney.. If a PR acts dishonestly or unreasonably.. Contact our solicitors about any Executor or Trustee dispute.. Our solicitors act for clients nationwide in disputes between executors and trustees.. For expert advice, call us today on:..

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  • Title: Intestacey Rules Solicitors | Contesting a Will
    Descriptive info: Guidance on Intestacy and dying without a will.. Intestacy occurs when a person ends up dying without a Will.. When this happens, there are certain rules governing distribution of the deceased’s assets.. The following scenarios give a basic overview of what happens when a person dies intestate.. Please note this is a simple guide and you should always consider consulting a solicitor for professional advice on intestacy.. Scenario 1:.. Spouse or civil partnership (married person) with issue (children*).. Spouse inherits assets to the value of £250,000 and all of the deceased s personal possessions.. The remaining value of the assets is split in half:.. 50% to the children (upon reaching 18 or earlier if they are married);.. 50% is held on trust for the children during the spouse’s lifetime.. The spouse can access income from the estate and on their death that asset passes to the children.. If a child predeceases their parent, but has their own children, these grandchildren shall take their parent’s share between them (again on reaching the age of 18 or on an earlier marriage).. *Note; adopted children have rights to inherit under intestacy rules.. Scenario 2:.. Spouse or civil partnership (married person) with  ...   of blood relation, nephew or nieces.. Spouse inherits all of the deceased’s assets.. Scenario 4:.. Unmarried person with issue (children).. The children inherit everything (upon attaining the age of 18 or earlier if they are married).. If a child predeceases their parent, but has their own children, these grandchildren shall take their parent’s share between them (once again upon attaining the age of 18 or earlier if married).. Scenario 5:.. Unmarried person with no issue (children).. The estate will be distributed in the following order:.. Parents of the deceased.. If none… then brothers or sisters of blood relation (or their children);.. If none… then half brothers or sisters (or their children);.. If none… then to grandparents;.. If none… then to uncles and aunts of blood relation (or their children);.. If none… then to half uncles and aunts (or their children);.. If there are none of the above, the estate is ‘bona vacantia’ which means it will revert to the Crown.. (All figures shown apply for deaths on or after 1st February 2009).. Intestacy rules or dying without a will query? Contact us today.. For more information about intestacy and how it affects you, call our specialist solicitors today on:..

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  • Title: Inheritance Claim | Contesting a Will
    Descriptive info: Making Inheritance Claims Inheritance Solicitors.. An.. inheritance claim.. is made possible by the Inheritance Act 1975 which allows those who are connected to the deceased but did not receive reasonable financial provision from the estate of the deceased via a Will or intestacy, to claim for a share of that estate.. You may be entitled to seek financial provision from the deceased s estate if you are:.. A spouse or civil partner.. A former spouse/civil partner provided you haven’t remarried or entered into a new civil partnership.. A child of  ...   of the deceased.. Any person partly or completely maintained by the deceased.. Claims must be made within 6 months of the date of the grant of representation – although courts do have jurisdiction to allow late claims.. A claim can only be made if the deceased passed on whilst domiciled in England and Wales.. Contact our inheritance solicitors about making an Inheritance Claim.. Our solicitors act for clients nationwide in making.. If you want to know whether you might have a claim under the Inheritance Act 1975, call us today on:..

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  • Title: Invalid Wills | Specialist Solicitors | Contesting a Will
    Descriptive info: When may a Will be invalid?.. The following are grounds which may render a Will invalid:.. Did the deceased intend to make the Will?.. Was it the deceased s last Will and testament in time?.. Did the deceased have legal capacity and mental capacity when he/she made the Will?.. Did the deceased understand and approve the contents  ...   law i.. was it signed and witnessed?.. Did the deceased make the Will under undue influence?.. Is there evidence that the Will was revoked and/or rewritten?.. Is there evidence of fraud or forgery in the Will documentation.. Query about an Invalid Will? Contact us today.. For more information about.. invalid Wills.. , call our specialist solicitors today on:..

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  • Title: Missing Wills | Specialist Solicitors | Contesting a Will
    Descriptive info: Looking for the Will.. When someone dies, one of the very first things that an executor has to do is to find the Will.. With luck, the person making the Will told you where they kept it, or has stored it in an obvious place with other valuables.. However if you simply cannot find the will then you might make the following enquiries:.. The solicitor.. If a solicitor actually drafted the original Will, the original, or at least a copy, is likely to be held in solicitor’s strongroom or other safe storage.. The bank.. Sometimes people leave their Will at their bank, although unlike solicitors, banks usually make an annual storage charge.. The Principal Registry.. Sometimes Wills are deposited at the Safe Custody Department of the Principal Registry.. You can write by post directly to the York Probate Sub-Registry asking for a  ...   whichever probate registry has kept the Will and grant of probate, which will send copies directly to you.. For deaths in England and Wales, write to: The York Probate Sub-Registry , 1st Floor, Castle Chambers, Clifford Street, York YO1 9RG ( Tel: 01904 666777).. Still can t find the Will?.. Don t panic.. Fortunately a photocopy of any signed and witnessed Will is acceptable as proof of that Will in England and Wales – although be aware that sometimes the Probate Registry will require evidence that the original wasn’t destroyed intentionally to revoke the Will, for example, if the Will was burnt in a house fire, the Registry may require evidence of that fire.. Problems with a missing will? Contact us first.. Wherever you live in England and Wales, if you re thinking about making an.. , our specialist team can help..

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    Archived pages: 33