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Jail Time for Son-in-Law who Forged Will

Posted on by Jonny

A man gets 12 months in prison for his attempts at forging a will for his mother-in-law.

Brian Fairs, 77, is guilty of copying and pasting Gillian Williams’ signature, then forging a will to try and ensure a share of her £100,000 estate. His wife, Julie Fairs, also earns a conviction of forgery and fraud. However, her 12-month sentence comes with a suspension.

Mrs Williams had cut her daughter and son-in-law out of her will to stop them from benefitting from her estate in death. During the hearing, the jury heard that Mrs Williams thought her son-in-law was ‘cantankerous and arrogant’, even ‘dominating’ of her daughter.

The judge hearing the case at Gloucester Crown Court was Recorder Mr Ignatius Hughes QC. Hughes says that it was clear from both her wills and conversations with others that the late Mrs Williams didn’t want either her daughter or Mr Fairs to benefit from her estate.

Thus, she wrote them both out of her will. Mrs Williams’ sister, Lynn Botchett, states in her testimony to Gloucester Crown Court that “she never wanted anything to go to Julie, never.”

Ms Botchett alleges there had been problems in the relationship. They stem from when Mrs Fairs and her biological father, Stan Howitt, spoke behind Mrs Williams’ back. Evidence shows that Mrs Williams made alterations to her will after the death of her son, Terence Howitt.

The genuine will against the forging of a will

The genuine will was made through Christopher Davidson Solicitors. Coupled with three beneficiaries – brothers Martin, Geoffrey, and Paul Davies – in it. Their father, Frank Davies, offers testimony of what Mrs Williams had told him within the three years prior to her death.

“There is no way I can leave anything to her. She has had everything she is going to get out of me.”

Fairs handles forging a will accusations

After Mrs Williams’ death in May 2017, Brian Fairs did a copy-and-paste of a signature from his mother-in-law’s real will onto a forging of a will.

The solicitors told the jury Mr and Mrs Fairs came forth with ‘three loose pages of paper together in a wallet’. Wills “tend to be bound together so you know there are no pages missing.” Plus, Mr Fairs claims that he himself wrote the will. She adds the following.

‘The signature was not an ink signature, it looked like it had been cut and pasted.’ and that he had ‘taken the signature off (of) a previous will. In addition, some page numbers and dates were not consistent.” Moreover, “some pages had staple holes while others did not.

The judge said he believes that Mr Fairs was the driving force behind the scheme and his wife had gone along with it. During his ruling, the judge spoke of Brian Fairs.

‘(He was) responsible for the dishonour that now falls on you and your wife for what you decided to do.’

In defence of Fairs’ actions

Brian Fairs’ defence solicitor says his client’s actions were ‘about as far from sophistication as one can imagine.’ He adds while both Mr and Mrs Fairs’ made denials, Mr Fairs now accepts that he was ‘incredibly stupid to start the process.’

Like to discuss an inheritance issue? Keen to discuss the effects of this story? It’s in your best interest to get in contact with us at The Inheritance Experts where we can discuss your issue or requirement.

DNA Test Inheritance: Care Worker Can Inherit Country Estate

Posted on by Jonny

After a long battle, a care worker will inherit a 1,536-acre National Trust estate. This results after a DNA test for inheritance shows that he was the rightful heir.

John Adlard Rogers rightfully inherits the Penrose National Trust estate, one of Britain’s finest estates. Rogers, 31, was finally able to prove that he was the illegitimate son of the previous owner, Charles Rogers. The test confirms John Rogers’ long-held claim that he was Charles Rogers’ son.

A long line of owners uprooted by DNA test inheritance

Charles Rogers was the last in a long line of aristocratic owners who had owned the estate for generations. Since he was eight years old, Jordan suspects that Mr Rogers was his father since the age of 8. However, his requests for a DNA test were always subject to denial.

But then Mr Rogers died due to health reasons involving drug use in August 2018 at the age of 62. Subsequently, Jordan was finally able to take the DNA test. The test to prove that he was indeed the rightful heir.

Jordan admits to struggles with making ends meet on his salary as a care worker for many years. He has now moved into the large house, located between Porthleven and Helston in Cornwall. The Rogers family gave the property to the National Trust in 1974 in return for a 1,000-year lease so they could continue to live there.

The family’s Trust generates income by renting land to local farmers and by investing in stocks and shares. This produces a substantial income for the tenant of Penrose, which means Jordan no longer needs to work. Jordan Rogers has recently become a father for the first time.

With the new inheritance, he has already made a couple of notable purchases:

  • The installation of an outdoor gym, or;
  • A brand new Mercedes C63.

In a Facebook post, Jordan can be seen displaying a photo of his brand new home. Rogers says that it has been, ‘a hard three months of fighting for what is truly mine.’

He also adds:

‘I’m sure there will be lots family barbecues in the future I also have a tennis court.’

‘Maybe then he might have taken a different path.’

Despite his new-found wealth, Jordan claims he would give it up if he could have been closer to his father. Perhaps owing to his care worker mindset, Jordan says he wishes he could have helped Charles turn his life away from the drug abuse which ultimately led to his death.

Charles Rogers waged a battle with drug addiction for several years. In the months before his death, he didn’t take care of himself in terms of both hygiene and nutrition.

An inquest heard that the testator was sleeping in his car. This instead of his Grade II listed home in which he lived. The car is where he was found dead due to drug intoxication.

Jordan spoke of the issues that may have exacerbated his drug use.

‘There was always a pressure of him trying to match expectation,’ he says. ‘His brother was an RAF pilot and his dad a lieutenant commander in the Royal Navy. So he had big shoes to fill.’

‘Charles served in the Army in Northern Ireland, and I think this affected him greatly along with the death of his brother Nigel from cancer who he was very close to.’

Jordan adds:

‘People say I’m lucky. But I would trade anything to be able to go back and for Charles to know I was his son. Maybe then he might have taken a different path.’

Perhaps you would like to discuss an inheritance issue regarding a similar situation. Alternatively, this story might have an effect on you to improve your experience. Reach out to us: it’s in your best interest to get in contact with us at The Inheritance Experts where we can discuss your issue or requirement.

How we can help you with testing results

Some of the ways we can help regarding inheritance DNA test dispute matters include:

  • genetic health investigations;
  • testators who died intestate;
  • mouth swab sampling, be it for a potential biological daughter or son;
  • a full study of the health risk data within the family;
  • any adverse inference from other parties or family members;
  • matters for the attention of the High Court (if necessary);
  • paternity test issues;
  • test to assist inheritance disputes and DNA samples;
  • birth certificate and other documentation matters.

We work exclusively with law firms authorised and regulated by the Solicitors Regulation Authority. Moreover, these specialist solicitors know case law for all things relevant to inheritance disputes. Therefore, when you think you’re entitled to a share of an inheritance, get in touch.

Poll Shows Millions Would Dispute a Will if Unhappy with Result

Posted on by Jonny

A poll of British people reveals millions would dispute a will if unhappy with result of the awarding of assets went down. The poll by Direct Line Life Insurance found that over 12.6 million British people would challenge a will in court.

  • Especially if the division of assets was inappropriate.
  • Even if the testator’s will was current and clear.

This finding is particularly interesting when we consider that around half don’t write a will at all. They don’t because they presume that their assets will automatically go to their spouse, partner or children by default.

Why Some Would Dispute a Will if Unhappy with Result

However, complications arise with:

  • multiple marriages,
  • half-siblings,
  • non-traditional families and;
  • couples free of weddings who live together.

Some people fail to update their will and sometimes a main benefactor may already be gone themselves. There were over 8,100 applications to contest wills in 2017, a 6% increase over 12 months. These ‘grants of probate’ cost £20 to file. That means British people spent £160,000 in one year on raising issues with wills.

According to a family solicitors, the most common reason for contesting a will in the UK is that the testator was under ‘undue influence’. In essence, someone faces pressure to sign a will which did not necessarily represent their true wishes. These petitions are not often successful: the challenger needs to provide a high level of proof.

Wills can also face challenges on the grounds of ‘testamentary capacity.’ In short, the legal and mental ability of a person to alter or make their will is in doubt.

There are also ‘rectification and construction’ claims that face contesting. This is the claim that a clerical error was made when drafting the will, and it didn’t truly reflect the testator’s wishes.

Business manager at Direct Line life insurance, Jane Morgan, says:

‘While people are increasingly contesting wills, everyone has the right to choose how they’d like to distribute their assets. Even if it seems unusual or excludes even the closest family members. People can be surprised and hurt by the contents of a will. So people may wish to discuss with beneficiaries and those that might think they would inherit. How they plan to distribute their assets.’

The difficulties of when you dispute a will

Unfortunately, the issue of money and trust is often problematic before death. A recent study reveals only half of adults would trust a family member to manage their finances if they could no longer do it themselves. A study by a legal service also found that over 33% don’t have a family member we would trust to take care of our affairs. Essentially, we don’t believe our family can manage our own money when we can’t do it ourselves.

It’s therefore even more surprising to learn that nearly 80% of those aged over 45 do not have a lasting power of attorney (LPA). This legal document identifies the people they would prefer to manage their affairs when they are no longer able to. Over 41 million people believe that they do not need an LPA as their loved ones would be automatically able to make decisions on their behalf if they could not.

Would you dispute a will if unhappy with results? We can help. If you’d like to discuss an inheritance issue or feel the effects of this story, reach out to us. It’s in your best interest to get in contact with us at The Inheritance Experts where we can discuss your issue or requirement.

Writing a Will: A Checklist

Posted on by Jonny

A Will writing checklist is a great thing to have for the Do It Yourself type.

Though you can make updates to your will, and if circumstances change a lot, you can make a new will entirely, it is best to know what to include from the start. This will simplify the process and ensure that your will is carried out as efficiently and as effectively as possible.

Your official Will writing checklist

Find Any Previous Wills

If you have any previous wills, you will want to locate them. You can then create a new will, but be sure to account for any previous editions, too.

Up-To-Date Personal Details

When creating your will (or updating it), you will want to ensure that all of your personal details are correct, up to date, and free of spelling errors.

Choose Your Beneficiaries

The next step is to choose your beneficiaries. Go through the list carefully to ensure that you don’t forget to include some people. You can name people to split up your estate to, and who to give special gifts to.

Make Special Decisions for Children

If you have children under the age of 18 or similar responsibilities, you will then want to outline who you want to take care of them.

Please know that this shouldn’t be a surprise. so gain confirmation from your friends or family. Then include that agreement in the will so that there is no reason to contest the issue.

Make a Note of Your Debts

When creating your will, it is important to work out your debts. If you have debts, these will be taken from your estate first. You can even write out a clause that states you wish the executor to sell your home. Accordingly, to pay off debts and to distribute other assets to your beneficiaries.

Tip: Work with The Inheritance Experts to work out how to minimise the impact of the Inheritance Tax.

Make Funeral Arrangements

With any will writing checklist, you also need to consider the inevitable.

To this end, you should work out funeral arrangements in advance. This way, you can ensure they carry out the wishes of your will. Moreover, you show you intend to pay for it (rather than forcing the family to bear the brunt).

Choose How You Wish to Divide Your Estate

Great: now you know how you intend to deal with debts and funeral costs. Furthermore, you will want to outline how you wish to divide your estate.

Make Provisions

It is also important to make provisions. If all your beneficiaries die before you, for example, you can name a charity to donate your estate to.

You can also add additions that explicitly exclude people who would otherwise have a reason to contest your will.

Make a Lasting Power of Attorney

To ensure your will is carried out, you’ll want to give your will a Lasting Power of Attorney (LPA for short).

Store Your Will Safely

Last but not least you will want to store your will, any previous editions of your will and all codicils of the will safely. This way, there is no doubt as to which will is the one your executors are to carry out.

Though you can create a Will and Testament on your own, it is always best to create it with The Inheritance Experts. Thus, you ensure that your will is carries out correctly.

What are the Duties of an Executor of a Will?

Posted on by Jonny

When a member of the family dies, it can leave you lost. If they left behind a Last Will and Testament, however, it provides a guideline on what to do to settle their estate. If you give an executor duties over the estate (which you can be even if you are a beneficiary named in the will), they can carry out the will and to settle all debts.

With the help of a solicitor and any of the other executors, you can get through this process easily. In doing so, you can provide the testator one last service by seeing out their final wishes.

What is an Executor?

First, an executor may or may not be a beneficiary of the will in question. But in essence, their job is to carry out the Last Will and Testament of the testator. There can be up to four executors chosen so that you can share in the responsibility. In general, one executor is usually chosen to carry out these duties.

A long list of executor duties

In short, the actual responsibilities include the following executor duties we list below.

Probate

In essence, the executor will apply for probate. This will give you the legal right to manage the testator’s estate in their stead and carry out their will as outlined in their Last Will and Testament. It is usually only necessary to apply for probate* if the estate is worth more than £5,000.

Acquire the Will

You will need to acquire all versions of the will including any codicils made to the Will. Though the only Will necessary to execute is the final version, it is crucial to have all versions on hand. Once you have this Will, you’ll want to create copies for both the government and the beneficiaries.

Arrange the Funeral

If the Will outlines funeral arrangements, it’s important to follow those through. If the testator works out a method of payment (either from their own account or through an insurance plan), you can then obtain the fees to pay for the funeral so that the family doesn’t face unnecessary costs.

Secure the Deceased’s Assets

Learn what assets the testator has. This means collecting all belongings, properties, businesses, shares, and savings.

Evaluate Estate

For any item/property with a monetary value greater in value than £500, it’s essential to get a professional evaluation. If there’s

  • no one living at the property of the testator, and;
  • the property was in their name;

you have two critical bodies to notify.

  • The insurance company and;
  • The government.

That way, the deed goes into the name of the estate until selling on passing it on, per requirements.

Notify Creditors and Government of Death

This is as part of the government notifications you need to make. You’ll want to notify creditors, subscription agencies, and the government of the testator’s passing.

Close Their Accounts

In short, the executor can close all the testator’s accounts, including pension and subscriptions.

Pay Off Debts

Executors pay off the testator’s remaining debts and any taxes on the estate. Only settling these amounts can the remaining amount go to the beneficiaries.

If their estate is not enough to carry out the debt, then the beneficiaries receive nothing.

Distribute Remaining Estate to Beneficiaries

sSupposing that there is money or property left, distribute it accordingly amongst the beneficiaries.

Can You Claim Expenses For Executor Duties?

In short, yes: you can claim expenses as part of your executor duties.

Can You Have a Solicitor Help You With Executor Duties?

Yes, and in fact, you should find a specialist in this field if you lack the experience. It’s best to hire The Inheritance Experts to help you through this process.

Footnotes
All UK Written Wills
No Win No Fee*

*This means you need to file the PA1 and inheritance IHT form and pay a £200-£215 fee)

Write Your Own Will and Testament: A Guide

Posted on by Jonny

Think you’re ready to write your own will? In short, everyone should have an official Last Will and Testament. It’s the only way to ensure estate receive proper management, rather than the court deciding on who gets what owing to a few outdated parameters. Your children, for example, wouldn’t get anything from your estate if you have a surviving spouse or civil partner.

Having a will means that your wishes on how your estate is shared are honoured. Difficult estates and wills, by contrast, require the advice of The Inheritance Experts. But if your estate (the total value of all your assets) is small and your will is straightforward in nature, you can write your own will.

To do that effectively, you’ll want to follow this guide.

Write Your Own Will: Evaluate Your Estate

The first step to write your own will is to evaluate your estate. This means determining the total value of all you have, both in terms of liquidated assets and in terms of personal belongings. You can bequeath your beneficiaries items like furniture or jewellery, or you can give your beneficiaries a monetary amount.

When evaluating your estate, it is crucial to estimate your debt. All debts and taxes must be paid before the beneficiaries can get access to your account.

Set Out Who You Want in Your Will

The next step is to set out who you want in your will. Include details like who should take care of your children if they are under the age of 18, and who you intend to name an executor. Executors are the ones who carry out your will. You can name up to four.

You should also make exceptions. For example, if all of the beneficiaries you name die before you, you can donate your estate to a charity of your choice.

Explain Who Gets What

In essence, you set out who gets what. Ideally, take into account your debts and inheritance tax before you do this.

What if You Want to Update Your Will?

Codicils are official updates to a will. If the changes you want to make are complicated, however, it is best to create a new will. Generally speaking, you should update or at least check over your will every five or so years. If a significant change in your life has happened (like a grandchild), then update as soon as possible.

When You Write Your Own Will, Ensure It’s Valid

You will also want to make sure your will is legal and valid. Generally speaking, ensure you’re of a sound mind; over the age of 18, and do it in the presence of two witnesses who are not beneficiaries of your will.

When You Should Get Expert Advice

If your estate has multiple complications to sort out, it’s wise to contact The Inheritance Experts. Not only will this make your Last Will and Testament more explicit, but it also helps deal with complicated estates (perhaps you own a summer property in another country).

Store Your Will

You will want to pay either The Inheritance Experts or another official entity to safely and professionally store your will.

Seeing someone contest a will

Posted on by Jonny

In most circumstances, the Last Will and Testament is the paramount document. But to witness someone contest a will, you’ll encounter someone lobbying a serious challenge to the management of assets in an estate. A will, in summary, is the document that determines how to divide an estate and ensures they carry out testator’s wishes.

However, there are still instances where someone contests a will. Though these contentious probate situations are rare, they do occur. As FT Adviser states:

There is no doubt that society has become more aware of the ability to challenge a will. (According) to court statistics, (they’re) more willing to see a challenge through to what is, inevitably, a bitter ending at trial.

Watching Someone Contest a Will: How Do They Do It?

Somone can contest a legal document like a will for only a few reasons. One of the most prominent reasons to contest a will is because there is evidence of fraud. Perhaps they had dementia during their last codicil*, or perhaps there was a falsification of the signature.

Other reasons why a will can be contested is if a named beneficiary doesn’t receive anything in the will, or if the contester financially relied on the deceased but not explicitly named (for example, a previous spouse who relied on childcare support).

Claims under The Inheritance Provision for Family and Dependants Act 1975 is the key bit of legislation enabling claims. If you choose to undertake it, no win no fee solicitors are the way to go if you want to avoid unnecessary legal costs. Simply come to a fee agreement with your lawyer at the start in the case of a win, and you won’t even pay if you’re the losing party.

Who Can Contest a Will?

It’s important when reading this to remember that not everyone can contest a will, however. The only ones who can are:

  • Blood relatives;
  • Spouses;
  • Creditors;
  • Someone who is a beneficiary beforehand but left out later on;
  • A person who relies financially on the testator, or;
  • Someone who receives a promise of a gift either verbally or otherwise that was forgotten in the will.

What Happens When Someone Contests a Will?

It’s crucial to bear in mind that there are time limits to contesting a will.

  • If your name is not in the will, you have within 6 months of the grant of probate to contest.
  • Additionally, you have up to 12 years to contest it if your name is in the will.
  • Moreover, if the reason to contest a will is due to fraud, there are no time limits.

Build the Case

When contesting a will, there are a few steps to take. The first is to build evidence. This means proving either:

  • Fraud;
  • Promises made by the testator;
  • Undue influence over the testator;
  • Diminished mental capacity during signing;
  • Debts that the testator owes, or;
  • Proof of financial reliance.

File Your Case with the Probate Registry

Once you have the case, you will need to file it with the probate registry. Such a case filing is through a document known as a caveat. Ideally, you’ll issue this before probate, as it stops the issuance of probate.

Negotiate

Working with The Inheritance Experts gives you access to expert negotiators working on your behalf when contesting the will.

Most solicitors try to resolve the issue out of court so that all parties can leave with an agreeable settlement. This process can take a long time, even up to a year or more.

Settle

In some instances, parties settle the case out of court. Though the person who contests the will likely won’t receive the full sum, this is the best way to settle the matter. Particularly in a way wherein most parties agree and everyone goes home a winner.

FINAL RESORT: Go to Court

If negotiations fail when someone contests a will, the issue can go to court. This is the worst-case scenario and only occurs with the most extreme cases.

Contesting a will is a long process, especially with financial provisions and potential court proceedings. But it’s important to get a solicitor on board you feel like:

  • you face an unfair exclusion from the will;
  • are a creditor, or;
  • you believe there was an occurrence of fraud.

Hire professionals to build your case and fight for you so that you have the greatest chance of success. For casing like those unduly influenced or any other grounds to contest and legally challenge the validity of the will, top legal advice is essential.

Footnotes
All UK Written Wills
No Win No Fee*

*A codicil is an official name for updates to the will.

Challenging A Will? 6 Key Questions

Posted on by Jonny

What questions should you ask when challenging a will?

A will is a legally binding document through which an individual decides how they will divide their wealth and property after their death. However, it is possible to challenge wills under specific grounds if:

  • Potential beneficiaries are unhappy with the result of a will, or;
  • Believe that there has not been enough provision made for them.

Any Questions for Challenging a Will?

Contesting a will can be a long and complex process, and below are some of the most frequent questions we answer.

Can You Even Do it in the First Place?

Wills are legally binding documents that people write in order to ensure that their assets are divided as they wish. While this may mean that wills are not easy to challenge, it is certainly possible to do so with the right grounds and under the right circumstances.

Although challenging a will is not a regular occurrence, there have been many successful cases where upset beneficiaries can overturn a relation’s will.

How Can You Challenge a Will?

You can challenge executor of will under specific grounds. These include:

  • First, if you believe that forgery took place in the signing of the will or its contents.
  • Also, if you believe that the testator had a mental capacity before their death that was unfit for understanding the contents of the will.
  • Third, if they were the victim of undue influence from another beneficiary while writing the will.
  • Finally, you believe that the will was invalid. For example, it didn’t meet specific legal regulations.

To challenge a will, seek a solicitor who ensures you have strong enough evidence to succeed. Moreover, they can help to guide you through your options.

Who Can Challenge a Will?

Blood relations of the testator are the main category of people that can challenge a will. However, others also all have valid claims when challenging probate.

  • Spouses;
  • Adoptees;
  • Creditors in lieu of money from the estate
  • Financial dependents of the testator, and;
  • Those who were previously expecting items in the will.

What Does it Cost When Challenging a Will?

The cost of the will highly depend on the length and severity of the case. However, if the case goes to court, you should expect solicitor and court fees of over £100,000.

Not only this, but if you lose the case, you may be liable to pay these. And they don’t automatically come from the contents of the estate.

Will I Need to Go To Court for Challenging a Will?

Many people opt to attempt to resolve their probate contest through mediation before going straight to court. In short, many cases find resolution in this way. Not only is this less stressful, but it can help you to maintain family relations during inheritance fights.

Mediation for probate cases includes holding a discussion between beneficiaries in an attempt to reach a resolution. The case falls under the monitoring of an impartial third party. If the case finds no resolution through this, you may have to go to court to ensure that a judge can preside over your case and balance the evidence.

What are the Time Limits for Challenging a Will?

In some cases, the time limit to contest probate is six months. However, in most cases, there is no time limit. In turn, you can contest probate many years after the assets of the will have been given away.

Am I Entitled To Contest A Will?

Posted on by Jonny

Upset as a beneficiary of a will? Do you think you have grounds to contest a will? If so, you may be considering who is entitled to contest a will in the first place. Contesting probate, by nature, is an extremely tough and trying process.

As a result, you must ensure that you have sufficient grounds on which to base your claim.

This guide will help anyone who is struggling to accept their part in a will as a beneficiary.

Who is Entitled to Contest a Will?

You can contest a will if you are:

  • The testator’s blood relation;
  • A spouse or divorcè of the testator; an official beneficiary in a previous will, or;
  • Having a significant reason to expect specific terms as part of a promise by the testator before dying.

You can also contest a will if you are a creditor to whom the estate owes money. Also, if you’re financially dependent on the testator and the will didn’t make sufficient funding available to you.

Is there a time limit to contest a will?

Much of this falls down to the grant of probate. Generally speaking, you have up until:

  • They grant an executor, and;
  • The executor begins distributing assets according to their Final Will and Testament.

In turn, that brings us to the issue of legal costs. It can be very difficult regarding contesting a will costs after distribution occurs. However, it is possible to make a claim after probate. Ideally, to determine can you dispute a will after distribution, you need to make your claim as soon as possible.

What Grounds Can You Contest a Will on?

There are four main legal grounds on which you can contest a will, in which many different circumstances often fit. You can challenge a will if you believe that all or part of the will is a forgery. For instance, if it has a false signature.

Also, you can challenge if the will is invalid. Perhaps this is because there’s a new will or the official will doesn’t have a proper signature.

You can also contest the will if you believe that the deceased did not have the mental capacity to sign the will or understand its contents, or if you think that the will is a case of undue influence, where another beneficiary has purposefully poisoned the deceased against another recipient in order to claim more.

How Much Does it Cost to Contest a Will?

The cost of contesting a will largely depend on the individual circumstances of the case. For instance, if the case finds resolution after mediation, it’s much less expensive than if the case goes to court.

But if court proceedings are needed to settle the case, the cost for options such as the legal proceedings and solicitors can be anything above £100,000.

Who Pays to Contest a Will?

Many people believe that the estate in question will meet the costs of court proceedings and solicitors. However, this is not always the case. Accordingly, there are a few different options in terms of who will have to pay for the case. Who pays the costs of the contest?

Generally, the judges presiding over the court proceedings decide, and they are likely to fall into one of two options.

Option 1: The testator is inherently the cause of the costs of contesting a will. Accordingly, the money will come out of the estate.

Option 2: On the other hand, the court may say that the costs lie with the party responsible for their causation. For instance, those who contest a will in the first place.

What is ‘knowledge and approval’?

This area of will contesting is tricky, but ties in often with a family member/testator (the person, that is) and their own awareness. Signed and witnessed or not, financial provisions may still be at stake unless proof of their awareness of what they were doing is demonstrable.

In essence, for certain circumstances, a successful will require that the testator had:

the required knowledge to understand the contents of their will and that they approved the content.

For matters involving wills and contentious probate, turn to The Inheritance Experts. With a No Win, No Fee agreement, we can help you bring a claim to contest a will. We’ll also assist with matters of rules of intestacy, probate registry, lack of testamentary capacity and sound mind considerations.

Settling a Trust Dispute: What To Do

Posted on by Jonny

Settling a trust dispute can be a complex process, and a distressing time if a disagreement has to be resolved between family members. So we want to ensure that the process is as quick and straightforward as possible. In turn, it’s important to prepare for what to do with a dispute and how you can manage every eventuality.

Consider the Grounds for Settling a Trust Dispute

If you are planning to raise a dispute, you should consider the grounds that you have to base your claim on. Concurrently, the legal grounds to raise a trust dispute include

  • The trust’s signature isn’t in line with legalities or with the correct formalities.
  • When fraud is a factor in the process of creating the trust.
  • Undue influence weighs on the creator of the trust.
  • The trustee lacks the mental capacity to understand the trust or what they were signing.

So you must weigh the grounds on which you want to base the dispute. From there, you can then raise it with a solicitor and take the case forward.

Hiring a Solicitor for Settling a Trust Dispute

Next, you should always make sure that one of your first steps is that you hire trust dispute solicitors. Doing so ensures you know exactly what to do in terms of your individual case. Additionally, you’re less likely to make mistakes along the way that could impact it.

Solicitors can help to guide your case and help you arrange for the procurement of evidence. They can also help you to organise mediation and discuss the best options in terms of your trust dispute, including whether it then needs to go to court.

Arrange Mediation

Most trust disputes reach settlement once mediation takes way. In general, the mediation process has many advantages. In short, it will include two main factors.

  • First, you need to gather the trustees together.
  • Second, you must discuss the case, aiming to work toward a resolution.

However, a third party will sit in on these discussions, who can guide your conversation and aim to bring any disputes to a close.

It will ensure that the case closes before any sort of court proceedings can go ahead. Additionally, it enables you to maintain close relations with your family. Ideally, a resolution will come as smoothly as possible after the case closes.

Court Proceedings

You can go to court in order to remove or change a trustee who is in the dispute. To do this, you will have to present the appropriate evidence to a judge, who will then decide if there is enough evidence to support removing the trustee. This evidence must be written in documents or testimony in order to be valid.

Your solicitor will help you to arrange court proceedings, but the court should approve settlement agreements for the best practice, and they reserve the right to enforce these after the court proceedings.

Although family trust disputes can be complicated, with this guide, you will be able to navigate your trust dispute. It ensures that you will be able to resolve it as quickly and as simply as possible. And, more importantly, that you can sustain good relations between you and your family members.

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