0161 413 8763

7 days a week from 8am - 9pm

Menu

Category: News

Can an Executor be Removed From a Will?

Posted on by Jonny

If an executor is removed from a will, certain grounds are clearly not being met. But first, a quick summary of what an executor to a will is. Because being a professional executor is not easy in the first place.

The Official Law

Regarding an inheritance dispute, the executor administrates business pertain to the testator’s will. But say the executor doesn’t meet the duties inherent with the job.

Accordingly, Section 116 of the Senior Courts Act 1981 states that

the court has the power to remove a personal representative, or executor before the Grant of Probate.

An executor of a will is a person who carries out the instructions the testator provides. They’re also responsible for trying for maximum gain when it comes to sharing out assets.

  • Such as selling property at the right time to receive the highest return.
  • Or being responsible for the handling of the correct amount of taxes.

That said, any witness statements or ensuing legal costs that come with the administration of the will often fall to the executor of the will as well.

You can assign more than one person to be an executor, in short. However, many people find that assigning just one person is the most constructive way to operate.

Who is Eligible to be an Executor?

It is up to the testator (deceased person) to decide who they wish to be an executor. Additionally, they can choose anyone they like, as long as that individual is 18 years of age or over. Common choices include spouses or children, which means executors can also be included in the will, too.

On the practical side, the executors appointed may be legal representatives and individuals with sufficient experience instead.

An executor must be a trustworthy person, one who is able to follow the testator’s instructions.

What Happens if You Don’t Have an Executor?

A situation might arise where parties cannot elect or find a capable executor to administer the estate. In such cases, there is a government official who is able to step in should you be in need as a last resort.

Can a Chosen Executor be Removed from a Will?

Dismissing the executor of a will is the responsibility of the testator during the course of their life. However, following the testator’s death, removing the chosen executor becomes more difficult.

But the application to remove an executor (by way of application to the court) is not unheard of, either. In short, a court can remove the executor from a will if one of the following things occur.

  • First, if it can be proven the executor is incapable of performing the duties of the executor role.
  • Second, if they are unsuitable for the position.
  • Third, if since the death of the testator they are now ineligible to serve as an executor.
  • Fourth, if they are acting unreasonably and not in the testator’s best interests (‘best interest’ is a determination of the court).

Also, if there exists a severe conflict of interest.

Finally, if there are any legal ineligibility criteria. For instance, mental conditions which prevent the executor from acting as the role demands.

How is an Executor Removed From a Will?

The removal of an executor can only take place through court proceedings. Accordingly, the High Court will decide on the manner of removal using the details and reasons listed above. Moreover, they’ll attempt to address the future administration of the estate.

To begin these proceedings following the death of the testator, the relevant party must file for a court proceeding. This individual needs to have a share of the will to have the ability to file to remove an executor.

Once court proceedings start, the legal representatives for the executor and the individual filing for removal will show why they either believe they must remain or leave as the executor. The reason for removal requires establishing.

If you are concerned that the executor of an estate is not acting correctly, contact us for advice. We work with leading solicitors who specialise in handling executor disputes to resolve issues swiftly and fairly.

At The Inheritance Experts, we can offer support and advice to appoint or remove an executor. Contact us today should you wish to discuss.

Not in Sound Mind: What Does this Mean for Wills?

Posted on by Jonny

Even when the circumstances surrounding a will are as legally-compliant and straight-forward as possible, it’s still a very distressing and difficult time. Therefore, when the idea of an individual not being of sound mind is taken into account, this can make it significantly more difficult to handle. It’s consequently important to know what to do in the circumstances of an individual being unable to formulate their own will, and The Inheritance Experts are on hand to guide you every step of the way.

What Does It Mean to be ‘Not of Sound Mind’?

To be of a sound mind, a person needs to have full comprehension of their self and their situation. In providing a will, a person needs to fully understand their affairs, loved ones and possessions. In turn, they must be able to formulate a will with a complete understanding of how they’ll distribute their assets. To be of sound mind, you also need to be able to make rational decisions and judgements.

This is different from being in a state of emotional capacity. Formulating a will in the first place is never easy. But being emotional or sensitive regarding the distribution doesn’t mean you’re incapable of making a logical choice.

What Needs to Be Done in this Case?

When an individual is not of sound mind, they’re incapable of making a rational decision in regards to:

  • possessions;
  • finances, and/or;
  • general affairs.

In turn, you should appoint a representative to make the decision on their behalf. This representative can distribute their assets accordingly and make the decision for them.

Electing an individual to this responsibility can either be a family member or friend, or a legal representative. Appointing the latter is most common due to the need for neutrality and a more analytical mindset.

Contesting a Will if you Think an Individual is Not of Sound Mind

It is possible to dispute a will if you are an external party who believes that the individual in question was non-compos mentis when they wrote their will. However, it can become very difficult to define being of a rational mind.

It’s different to making a decision which seems unexpected or nonsensical to a loved one or familiar individual. The writer of a will can make a rational and personal decision whilst also being of sound mind, even if that decision isn’t preferable to parties involved. This may be more in relation to an eccentric personality rather than a lack of rationality.

One must provide solid proof to attest that a person was not of sound mind when formulating their will. Of course, this then leads to difficulties in handling such a sensitive matter, which is why we encourage you to seek expert legal advice.

If you are unsure whether an individual is of unsound mind and require legal assistance, then don’t hesitate to contact The Inheritance Experts today.

A Forensic Handwriting Wills Expert to Examine Aretha Franklin’s Will

Posted on by Jonny

Aretha Franklin burst onto the worldwide music scene in the 1950s, developing a career that transcends her passing in 2018. Franklin’s voice and presence endure. But her family now deals with a stunning conundrum after the discovery of two wills. So wild is the news that a handwriting wills expert is now necessary to determine the future of her estate.

Some thought the singer, famous in part for her hit single Respect, didn’t originally leave an official will. Not only was one hidden, but another handwritten one now exists in the aftermath of her death. Hence, the need for a handwriting wills expert, to sort through:

  • One locked away in a cabinet.
  • The other one found under the couch.
  • Ergo, it’s only natural to assess the validity of these wills.

Franklin’s siblings at war

Franklin’s children are coming to terms with their mother’s death. However, the discovery of these wills present causes that force them to face each other in court. On one side, there is Kecalf Franklin, as the sole executor of her estate. Her youngest son, Kecalf is supporting the content of one of the handwritten wills from 2014.*

This will, however, rules out an inheritance for Teddy Franklin (her other son) and her niece Sabrina Owens. In turn, this is something that the other parties hope to contest. Kecalf is supporting his claim with help from handwriting expert Erich Speckin. In turn, his goal is to prove the will was indeed the product of Franklin’s own handwriting.

Additionally, Speckin has also been brought in to rule out any tampering with the will since it was written. To that end, Speckin can employ UV forensic technology to date the inks from the will. If Speckin can confirm the will’s validity, it’s possible that both Teddy and his other brother, Clarence will return fire. A beneficiary often does this by hiring their own forensic experts to contest the result.

Bringing in the Forensic Handwriting Wills Expert

With a whole host of forensic experts on the case, the lens falls on the handwriting in these wills. If the content of these wills was not contentious, then perhaps this expertise would not be needed.

However, due to the sensitive sibling tensions involved in the battle, these forensic examinations are more important than ever. Forensic examiner Bart Baggett outlines exactly what happens when someone examines handwriting.

“I always want to see the original because you can look under a microscope and see a pen lift, a hesitation, a striation.”

If these striations match Franklin’s other handwriting, Kecalf’s claim would be hard to dispute. He goes on to say that line spacing, autographs and birthday cards help to prove or disprove whether it is indeed her writing.

Baggett adds that he “would find it shocking if the other experts found that it’s not her writing. Because there’s just a voluminous amount of it and it’s so difficult to execute such an elaborate fraud. The skill level would be amazing.”

However, it’s worth noting that Baggett himself has not had a chance to examine the wills. Shedding light on the process of this, Baggett then suggests that Speckin must present his findings to the court and await judgement.

In effect, all handwriting examination can take place under the strict supervision of a court official. That way, no findings can be subject to accusations of fabrication or ultimately deeming the expert findings to be invalid.

From there, parties will need to come to an agreement over who takes charge of Franklin’s sprawling $80 million estates. Whether Kecalf (with the support of his brother Edward); or Owens, Teddy or Clarence become sole executors of the estate remains to be seen.

ADDENDUM:

As of late January 2020, Sabrina Owens is no longer the executor of Aretha Franklin’s estate. In a court filing, Owens states:

“Given my aunt’s love of family and desire for privacy, this is not what she would have wanted for us, nor is it what I want… I hope that my departure will allow the business of the estate to continue, calm the rift in my family and allow me to return to my personal life.”

Moreover, settlement of the estate itself remains up in the air. Since Owens left her post as executor, Detroit lawyer Reginald Hunter has taken charge of the estate (reportedly worth $17 million).

*To clarify, 2014 is when most believe the will was written.

Evidence to Contest a Will: What is Necessary?

Posted on by Jonny

Do you know what evidence to contest a will of a family member is most critical?

When a family member dies, it’s often a difficult grieving period for everyone who was close to them. Unfortunately, surprises in the testator’s will can cause more upset during this time. Often, some people find there are suspicious circumstances surrounding it.

No matter why you want to contest a will, you need proof to see a successful claim go through. It helps to know exactly what evidence is needed to contest a will.

So instead of searching for it, stick around and take note of these important steps.

Establishing grounds to show the evidence to contest a will

Knowing what legal grounds you stand on helps you determine if you can even contest a will in the first place. So let’s say, for instance, that you do meet the grounds necessary to contest a will. Knowing the reason why you are doing it also enables you to streamline how you collect evidence.

Here are some of the most common grounds claimants can use in order to contest a will.

The testator lacks the mental capacity to write the will

For example, if they were experiencing psychosis due to a mental health disorder.

They did not understand or approve the content of the will

Those hard of hearing, eyesight, or who dictate that someone else sign the will fall under this bracket.

Undue influence from another party

These grounds apply to when the testator faces consequential pressure to write their will a certain way.

The will doesn’t reflect a testator’s true intent

Accordingly, this is for circumstances where a will does not truly reflect the testator’s intentions.

Fraudulent Wills

Simply put, fraudulence is when benefits go to someone as a result of fraud. Moreover, you can challenge if fraud is even under suspicion, thus bringing the will itself into question.

Execution of the will violate the Wills Act 1837

Specifically, section 9 of the Wills Act 1837 is under violation in this scenario. As a result, the will becomes invalid and the estate passes under the statutory rules of intestacy.

Vital evidence to collect

Depending on which grounds you follow to contest the will, you’ll need specific evidence to back up your claims. One of the best examples is when you are contesting a will.* In this case, you will need to heavily rely on medical notes.

Witness Statements

Those present at the time of drafting and signing the will are important to determine if a will is valid. This also includes those who may have known the testator well before their own death. Examples of witnesses include**:

  • Solicitors who drew up the will;
  • People who witness the signing of the will;
  • Those, aside from medical professionals, who can attest to the testator’s state of mind during the signing of the will;
  • Family members who offer care and support for the testator before they die;
  • Anyone who believes they have knowledge of the testator’s previous intentions regarding their assets.

Helpful Documents

There may be written documents the testator had written which indicate something different from what was written in their will. This is a very helpful set of evidence, particularly contentious probate.

If you find and verify such documents, they could offer valuable insight into what their true intentions were. Seek legal advice from law firms that offer no win, no fee basis for a grant of probate and contesting a will after probate services.

It could be that you find a journal entry which speaks of any undue pressure they experience to change it. Also, seek out any letters written to someone expressing their sincere wishes.

Medical Evidence to Contest a Will

As we say, evidence to contest a will depends heavily on medical notes and medical records. Frankly, medical records are some of the most overlooked but important pieces of evidence. They can prove whether or not a person was in sound mind when creating their will.

Yet, they are also a testament to the testator’s health, age, and any disabilities that may impair their ability to make a sensible decision. Collect them from doctors or other medical professionals around in the time before the testator passes. Moreover, be sure to include notes showing which kinds of medications they may have been taking.

Probate registry is not an easy time to begin with, particularly for people lacking the regular experience to challenge the validity. Turn to TIE, as we have the knowledge and approval of successful probate challenges because we know the field. From time limits to make a claim to citing any lack of testamentary capacity in the deceased, we know inheritance claims.

As it should be: because we’re The Inheritance Experts.

FOOTNOTES
All UK Written Wills
No Win No Fee*

*This is because you trust that the testator lacks the requisite mental capacity to write it.

**But are not limited to.

Do I Have the Legal Right to Dispute a Will?

Posted on by Jonny

We say it often: experiencing the death of a loved one is never easy. When there are financial matters to attend to after they pass away, this adds even more distress to the grieving process. However, when it comes to the legal right to dispute a will, you need to explore your options.

Before you enter into a legal dispute over a will, ask yourself if it’s worth the tensions that may arise within your family. If so, here is how you assess whether or not you can legally dispute it, and how to increase your chances of a successful claim.

Legal right to dispute a will: the grounds to do so

Merely holding suspicions over a will is not enough to give you legal sway when disputing it. Most solicitors will require that you have solid legal grounds for a dispute before they accept a case.

Legal grounds may cover circumstances where:

  • There was no valid execution of the will.
  • Situations where there was no knowledge or approval of the will.
  • Any rectification grounds.
  • Undue influence.
  • Revocation.
  • Lack of testamentary capacity.

Further legal help may be necessary when contesting a will that may be fraudulent. This presents you with grounds to involve the police and could well result in a longer investigation.

Who can legally contest a will?

It is not just the grounds for disputes that you must consider. When assessing whether you are legally able to contest a will, you must also consider who you are. There is a long list of people who can do this. If you are on here, you are off to a good start:

  • Family members directly related to the deceased, e.g. Children or grandchildren.
  • Spouses who are still legally married to the testator.
  • Someone who expects something in the will before the testator dies, but was left out of it.
  • Debt creditors.
  • Someone who financially dependent on the testator.
  • A beneficiary set in a previous will, but not this one.

How to begin a dispute

Remember that as soon as a dispute is brought to light, you will have plenty of time to make sure you cover each stage of the process as thoroughly as possible. It helps to have a solicitor on hand throughout this time, who can provide both emotional and legal support to everyone involved.

While finding the right solicitor is a great first step, you must also make sure you have enough proof when presenting your findings. This is because merely speculative cause for a claim is lacking. It simply won’t give you the legal backing you need to ensure your claim is successful. Furthermore, you may launch a full-scale investigation into the validity of the will in the lead up to this.

It must also be noted that if you are set on disputing a will, do this before probate goes through to avoid drawing it out. It is more affordable for all parties to try mediation before beginning a dispute. Ultimately, however, one in four siblings say they would dispute a will. So, if an agreement cannot be reached, you are perfectly right to dispute yourself. This is as long as you are aware of the risks that come with a dispute.

What to Do If a Will is Fraudulent

Posted on by Jonny

What would you do if a family member’s will is fraudulent? Fact is, this is an upsetting time for all the friends and family who knew them. Often, the Will they leave behind is the last thing on someone’s mind. People are still grieving over the death of a family member, after all.

However, there will be times when suspicions arise over the validity of a will, as it’s possible that a will is fraudulent.

Unfortunately, you must act quickly to determine if this is, in fact, the case. Concurrently, a longer wait may result in less closure and more financial turmoil. During this difficult time, there are some tips you can follow to ensure the claim goes much smoother.

Sound out your suspicions

If a will is fraudulent, then it may not just be you who has their suspicions. Some of these wills are often completely valid but without expectation. But estimates on the cost of probate fraud lie somewhere between £100-150 million.

It is, therefore, reasonable to assume that fraudulent cases do occur. Yet it still helps to confirm your suspicions with others first before assessing whether you can make a valid claim. Make sure you are taking note of warning signs above all. Because when emotions are running high, it’s easy to become suspicious of anyone and everything.

For this reason, you’ll need to make a distinction. Then, you must decide if there is enough proof to contest the will. Without it, you may struggle to get a solicitor on board to take the matter further.

Find legal support for your case

For any case involving a fraudulent will, it always helps having a solicitor on hand to help you determine whether your case is viable. If it is, they will then act as a vital form of emotional and legal support during an already stressful time. They will also provide necessary resources to launch an investigation into the will, which you may not have at your disposal otherwise.

Searching for the right solicitor can be stressful in and of itself, but you can streamline the process by looking at online platforms to find the right one. This solicitor will have a great understanding of the burden of this kind of claim, and should act in your best interests to make sure your case has the best chance of winning.

Take legal action if a will is fraudulent

When it comes to fraudulent wills, the cases are not as simple as in any other circumstance. If someone is found guilty, they are liable to face criminal charges of fraud and could face prison time.

So, even after your solicitor determines a will is, in fact, fraudulent, a legal action might still be necessary. This is when involving the police becomes paramount. The fraudulent person needs to be brought up for committing a serious crime. This kind of legal process can become more daunting for family members still grieving. But it’s important that you receive proper closure and financial security by following this action through to the end.

How to Handle a Trust Dispute

Posted on by Jonny

Knowing how to handle a trust dispute is becoming increasingly relevant to inheritance affairs. It provides a unique way to minimise estate taxes, for one thing. Also, trusts are becoming a more popular solution instead of wills for when you wish to leave money to a family member after death.

The thing is that while a trust benefits someone else, it must be in waiting until this beneficiary comes of age. Alternatively, until they reach a certain set of requirements that allows the assets to go into their care. While this kind of arrangement can benefit some people, not always. In short, it also paves the way for disputes over who the assets should really belong to.

To handle a trust dispute, while messy, it requires paramount sensitivity. Here’s how to do it.

Establishing your claim

Before you go about making a trust dispute, it’s best to establish why your claim would be viable. Many people dispute trusts because:

  • assets aren’t split fairly between trustee members;
  • someone wishes to remove a trustee from the trust, or;
  • there have been significant issues with the handling of the trust.

These claims may present reasonable ground to work from – if you have proof. With evidence, it always makes more sense than what the conditions of the trust initially lay out. For example, if someone unknown to a family is in receipt of an entire trust over the testator’s close-knit children.

Bear in mind that if you’re a vulnerable beneficiary, you may struggle to make a claim without the appropriate support. That holds whether you are not yet 18 or live with a disability. This is, of course, unless a trustworthy family member and solicitor can support you on your behalf.

Finding the right solicitor

Knowing when you have a claim is only half the battle when you handle a trust dispute. You must then choose a solicitor to help guide you through the process. Accordingly, you’ll be able to understand legal limitations and guidelines at every step of the way.

Going it alone can result in you incurring extra stress and financial worry over an already sensitive issue, but it is natural to be wary about which solicitors you trust.

To help you make a sensible decision, it’s a good idea to use specialist online platforms to collate real-world recommendations. This way, you can be confident that the solicitor you have chosen will be able to help.

Funding your legal costs to handle a trust dispute

With 30% of people worrying about approaching a lawyer or solicitor over fears of cost, cost las always been a huge factor in putting people off making a claim. However, when you feel passionate about your case, it’s worth putting in a claim to see if it is successful. You can either create a payment plan for paying your solicitor, or you may seek legal aid. In any case, the most popular kind of claims is those which are no win, no fee. This is because they don’t require a claimant to pay any sort of monetary incentive if their claim falls through. If their claim is successful, then the assets recovered from this claim may help pay for the legal costs associated incurred due to winning.

Inheritance Tax Reforms Adds to Rising Cost of Death

Posted on by Jonny

The cost of dying is increasing and only set to rise due to new inheritance tax and death reforms. Couple this with the rising cost of coffins and probate fees. In short, it means that dealing with a loved one’s death will become a cause of debt in the future. It seems that inheritance tax and death go together too well.

Reforms to Inheritance Tax and Death Cost rises suggest more than mere coincidence going on here The Taxpayer’s Alliance has recently published their findings on the new reforms. Accordingly, they estimate that between the years 2019 and 2020 the new tax reforms will earn the government £5.35 billion. That figure marks the highest amount it has ever received from inheritance tax before.

To put this into perspective, in 2010 the amount through inheritance tax was £2.7 billion. The largest jump in costs was between 2014 and 2015. Then, the inheritance tax jump was from £3.8 billion to £4.6 billion.

The Cost of Reform to Inheritance Tax on Death

This report, titled “The Cost of Death” is one of the first comprehensive studies into the subject. Moreover, it ideally summarises the start of systematic change into a system targeting middle-class Britons. The report includes its findings regarding the shift to tax reforms, mainly.

This, as well as how the possible probate rate changes will add up to costing real families across the UK. For most, of course, inheritance tax is not an issue. The average cost of homeowners, however, sits around £405 for those families whose family member did have an estate. In turn, this means that simply owning a home in London, costs rise upwards to £60,773.

But with the new inheritance tax, it could increase even further to £61,773. This amount doesn’t take into consideration the average cost of a funeral in the UK. As of 2019, the cost is approximately £3,757 (£4,267 for burial, in contrast with £3,247 for cremation). The proposed increase to probate fees is on hold. Further, the motion to put the proposed changes does not yet have a scheduled date. If they do come into play, however, the changes will mean that the probate will switch significantly.

For example, the flat rate of £215 goes to a banding system similar to how land registry fees work. This is not the same as the inheritance tax, however. That setup applies mainly to those with a significant estate/property in areas such as London. Rather, this change to probate will affect all homeowners. The change will increase between £35 to £5,785 on top of the £215 set fee we currently see.

Discouraging families

This change is “anti-aspirational” according to John O’Connell. He believes (rightly) that the changes discourage families from trying to save up anything to pass on to their children. Moreover, the lack of confidence is compounded by the other changes that take effect year on year.

As a result, families lose out on savings, earnings, and property that is already subject to taxation. Or, in this case, a lot. In turn, the hard work and savings parents put into the future of their families might one day be for nought. Currently, the Taxpayer’s Alliance has taken their findings to the Ministry of Justice and to the Treasury.

As a citizen of the UK, however, you can work to protect your assets. Start by getting in touch with an inheritance lawyer to learn of your options. Moreover, expert lawyers help you manage your assets to ensure as much of your estate as possible goes to the beneficiaries. When it comes to receiving the right inheritance, you need the experts on your side.

Accordingly, that’s where we can help. Our team guides you through the process of disputing/contesting a will or probate. In turn, we help you to achieve the best possible outcome. Don’t hesitate to contact us today to discuss your needs.

Other things we write about concerning Inheritance

Additionally, be sure to learn more about our expertise in the areas of Inheritance and your finances.

What Happens If A Family Member’s Will Is Contested?

Posted on by Jonny

There may be many reasons why a family member’s will is contested.

  • It may be that a family member feels subject to unfair treatment.
  • Perhaps the will exists under negligent circumstances. For instance, the author of the will didn’t have the mental capacity to understand the legal document.
  • Or there may be suspicions around the authenticity of the will.

Whatever the reason, will dispute are valid and involve professional inheritance solicitor’s assisting with the proceedings. Below, we review what happens if a family member’s will is contested, and how it can affect you.

Legal Rights to Dispute the Will Require Verification

When a family member’s will is contested, the person contesting will have their legal rights checked. This means a solicitor first must ensure the person has the valid right to make a will dispute. In the case of a family member, blood relations can contest a will. If it’s your family member’s will under contest by a non-blood relative, they need to be one of the following.

  • First, they can be a spouse.
  • Additionally, it could include a creditor.
  • In all cases, the person is a beneficiary.
  • Moreover, it could be an individual who relies on the testator for financial or living support.
  • Finally, it could be an individual expecting something from the testator by promise, but the will doesn’t spell out. The promise varies in nature, usually: verbal or in writing.

If a non-family member is an individual contesting the will, then it will need to be an official family member who states whether they agree with the unfair treatment or not, for the dispute to proceed.

Seek Legal Advice at the Earliest Opportunity

There is a time limit on how long a will dispute can go on. With this in mind, professional solicitors advise for an individual to seek legal counsel as soon as possible to get the ball rolling.

Mediation Will Commence When a Family Member’s Will Is Contested

Once one assigns an inheritance solicitor, negotiations and mediation time begin, which can often take months. The aim is to come to an agreement satisfying all parties. In turn, dependable legal advice is crucial for this process. Moreover, it depends on the cooperation of the individuals in the process.

For example, say an individual can contest the will legally, but another party is unwilling to agree. Quite simply, the mediation time can extend even longer.

What Happens If Mediation Doesn’t Work?

If this is the case, then the dispute goes to court. The Courts will provide a date, which may include a long wait time – sometimes 12 months. No further action can be taken in the will dispute until the court date is met.

This, in turn, means a lot of extensive waiting. That waiting adds to the distress of the grieving process, especially if you seek closure on the situation.

A court hearing is also time-consuming and expensive, which is why an inheritance solicitor will always endeavour to settle and come to an agreement beforehand to avoid the need to go to court.

You must also submit a written affidavit in advance of the hearing.

Worth Making A Will Dispute? Find Out

Posted on by Jonny

Is it worth making a will dispute when all is said and done?

The passing of a loved one is a distressing situation, and all the more so when you may have to dispute a will. It’s easy at the moment to dismiss the idea of disputing it. You want to ease the situation as you manage your grief.

However, it’s important not to feel as though you’re alone. Moreover, the professionals at The Inheritance Experts can help if you find it’s worth making a will dispute during a difficult time. Here is the information you need if you think it’s worth making a will dispute. In turn, you can make an important decision regarding your future.

Worth making a will dispute? Leave it to Inheritance Professionals

It’s an overwhelming idea to think of contesting a will, without having any experience in the area and feeling a little out of your depth.

To decide it’s worth contesting a will, it’s important to note that you’d have absolute support throughout the process. Moreover, support from an inheritance solicitor who knows what they’re doing. These experts will represent any overlooked individual or invested party in order to gain the best outcome for all involved.

What Do I Need To Know Before Making a Decision?

Before disputing a will, you need to know whether you have a legal right to do so and whether your reasons for contesting the will are solid and just. It’s important to seek legal advice regardless of whether or not you decide to contest a will, just to ensure that all initial, adequate grounds are met in order for you to make an informed decision.

A professional inheritance solicitor will assess the intentions of the testator and provide their expert opinion. It’s also important to invest in a sympathetic solicitor who takes the time to get to know your family, in order for everyone to better cope through the process and maintain relationships.

How Long Does It Take?

If you’re considering contesting a will, it’s important to be ready for how long it might take. Every case is unique, and there is no set time frame, but you should be expecting months of mediation time.

The time frame also relies on the cooperation of all parties. Naturally, if everyone is cooperating, the process will be smoother and possibly quicker. If mediation isn’t successful, the case goes to court, which of course will strongly lengthen the process.

Court dates are sometimes given 12 months in advance. For difficult disputes, it could take significantly longer, perhaps even a few years. Can you hang on for that amount of time? Will the lengthy process hinder you? Then it may be worth making a will dispute.

If, however, the time factors are an issue for you, it may not be the best course of action. In summary, every circumstance is unique in terms of whether a will should be disputed. But it’s definitely worth at least seeking advice regarding your options in the first instance.

Contact the team at The Inheritance Experts for any queries regarding disputes. Even if you are unsure if it is worth it, we can help guide you through the process.

0161 413 8763

7 days a week from 8am - 9pm

Before you go... Quickly leave your details and a friendly expert will call you back at a time that suits you, free.

Contact Us

Alternatively, why not give us a call to discuss your query:

0330 013 0544