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Disputing a Will – The Most Common Reasons


When a member of the family dies, one of the least pleasant things to go through is the Will, especially with an uneasy feeling when it doesn’t seem right. There are many reasons for disputing a Will if you think it was unfair or incorrect.

It might be the case that your loved one has died and after years of looking after him you never thought about who would write a Will for him. When he died, notification from the lawyers suddenly arrived about his Will…The beneficiaries appear inappropriate choices and you believe he was not mentally able to make a Will. If this is your case, then you may be able to contest the Will. For this kind of situation, medical evidence can be very important to support your claim.

Another common situation where people decide to contest a Will is when they suspect it hasn’t represented the deceased’s true wishes. If you were very close to the person who died (as a spouse or a child) it is your right to complain if you think his wishes have been betrayed or not properly reflected.

Property is also something that brings up many claims regarding a Will. Certain people have to be adequately provided for when someone dies. This can include; spouses, civil partners, children and even ex-spouses – especially those below the age of 18 or in full time education. It also includes anyone receiving financial support from the person at the time they died and any live-in partners.

One of the most common cases for disputing a will is ‘the promise’. Simple promises regarding inheritance can be binding. For this to have an effect on the claim you need to be able to demonstrate that in reliance of this promise you have acted in such as way that you have now suffered some detriment.

When property is purchased and then promised to another, this can also give equitable rights, even if that person’s name is not on the title deeds.

Sometimes, a husband and wife agree to make their Wills on the understanding that they will not change them. If one of them passes away then the other may be restricted from changing their Will. It’s important to find out about this before you embark on any further proceedings. An experienced solicitor can be of great help if you decide to go ahead with disputing the will. Make sure that you choose one who specialises in making an inheritance claim and disputing will cases and get expert professional advice.

If you are considering making an inheritance claim, contact Bonallack & Bishop, solicitors experienced in disputing a will. Tim Bishop is senior partner at the firm, responsible for all major strategic decisions. He has grown the firm by 1000% in 13 years and has plans for further expansion.

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