Helping you Through Will and Estate Disputes
In most cases where a person makes a Will, their wishes are carried out without question. However, Will and Estate disputes are increasing as a number of disappointed beneficiaries are now challenging wills for a number of reasons. If you are defending against a dispute or you would like to bring a Will or Estate dispute and you would like to discuss this further, contact our Disputes team for a chat about your issue.
Will and Estate Disputes - Lack of Capacity
As we are an ageing population it is sometimes alleged that the person making the will (the testator) lacked what is known as testamentary capacity. This means the testator did not have the necessary clearness of thought to make the will. There is an established test in the case of Banks vs Goodfellow, 1870, which has been reviewed by numerous Judges over the years and is still considered to be correct.
If the testator is found to lack the capacity the will is invalid and the previous will, if there is one, is used. This is particularly relevant if close relatives of a testator are included in a will, such as children, but their sibling is not without any explanation. We can help you establish whether there is any evidence of lack of capacity possibly by use of the Law Society Guidance following the case of Larke vs Nugus.
Will And Estate Disputes - Unfulfilled Promises
Another possible scenario is if someone is promised the benefit of another’s Estate and invests themselves into a venture at their detriment to the testator’s advantage and then doesn’t receive the benefit promised. This is what happened in the high profile case of Illot v Mitson, 2015.
Will And Estate Disputes - Disinherited without Clear Reason
Certain types of relatives can also bring claims against the Estate if they believe they should have been provided for in the will. Such claims are brought under the Inheritance (Provision for Family and Dependants) Act, 1975. This could include a child left out of a parent’s will for no apparent reason or where there is no allegation of a lack of capacity.
A Trained Will And Estate Disputes Team
In any of the above situations our ACTAPS (Association of Contentious Trust and Probate Specialists) trained solicitors, Neil John and Janet Lane, can help whether you are bringing the claim or being claimed against. As our solicitors have received specialist training in Will and Estate disputes, we can help you get to the right answer and preserve the value in the Estate by minimising unnecessary costs from being incurred. We can see you at any of our offices so for clear, professional advice, call our disputes team today.
With COVID, the process in selling the house has been much harder to complete. During this time, the additional calls and service from Adrian was really appreciated.Client - Wisbech Office
Why Choose Fraser Dawbarns To Help You?
Free, No Obligation Consultation
You may be unsure about whether your Will and Estate disputes are valid or you may be wary about being pressured into making a claim if you see a solicitor. The team at Fraser Dawbarns will be happy to listen to your situation and advise you on whether we think you have a claim and whether we think you have a reasonable prospect of success. We will give you our opinion and an idea of any potential costs but will not put you under any pressure to proceed if you are not yet ready to do so.
To accommodate the different requirements of our clients, we offer a choice of service levels so that you can choose the level of contact that best suits your needs. By offering the choice between undertaking work on either a fixed fee basis or at an hourly rate, we give you the freedom to pick the pricing option that best suits you.
Fixed Fee Service
It is important to us that our clients know exactly what they will pay and the scope of the services they will receive at the beginning of the transaction. That is why Fraser Dawbarns offer a fixed fee service with no hidden costs or unexpected charges for clients who are dealing with legal disputes.
An Experienced Team
Fraser Dawbarns are ideally situated to help you with any legal claims you may have. Our team of civil litigation experts have years of experience handling a wide range of claims and disputes and the team is ranked in the Legal 500 guide to the top law firms for our Debt Recovery, Employment, Personal Injury and Contentious Probate work. With offices in Wisbech, King’s Lynn, Downham Market, March and Ely we are close at hand when you need to see someone to discuss your case.
If you would like help with any legal dispute, please contact us to see how we can help you.
Contact Us Today
Our team will help you from the beginning of your case to the end, giving you total peace of mind. If you would like friendly, client focused advice on a wide range of legal issues, get in touch and see how we can help you.
Call or email us today and find out how we can make your life easier.