.st0 { fill: #9DAE88; } Home - Wills, Trusts & Probate - Will Disputes Disputing a Will Will disputes fall into 3 broad categories – A claim that a Will is invalid. A claim by a family member, or dependent, that he or she has been unfairly excluded from the Will, or left an inadequate amount. This is called an “Inheritance Act Claim”. A promise made to leave a bequest, which has not been honoured in the Will. An Invalid Will Claim A will is invalid if: the Testator’s signature was forged, it was not correctly witnessed, the deceased lacked the necessary mental capacity at the time he gave instructions for the Will, the deceased did not fully understand or approve the contents of the Will, the deceased was subjected to duress or undue influence to make the Will. An Inheritance Act Claim A spouse is entitled to be left sufficient provision in the Will of the pre-deceasing spouse. This rule applies even if the couple were separated at the time of death – but will not apply after divorce proceedings have been concluded. It is often said that a spouse is entitled to claim what he/she would have been awarded in a divorce settlement: this isn’t accurate – often, the entitlement will be greater – but, it is a good starting point. Children, including step-children in full-time education may be entitled to claim sufficient to maintain them until their education is complete. Adult children, and step-children, will find it difficult to make a successful claim unless they can show either: that, because of ill-health or other unfortunate life circumstances, they cannot provide financially for themselves and their family, or that the parent had financially maintained them, wholly or in part, prior to death. Financial dependents – even if you are not related to the deceased, if he or she was financially maintaining you – whether wholly or in part – you may be able to make a claim on the Estate. Promises Generally, a bare promise to leave you property or a sum of money will not be sufficient to make a successful claim. However, in some circumstances – very broadly when you have given the deceased something significant in return (it doesn’t have to be tangible – for example, providing care would count) such a promise may be enforceable. In Conclusion Disputed Will claims are a highly specialised area requiring expert investigation and evaluation. The Law is complex and, often, claims are made more difficult because of fraught family relationships. With our in-house expertise and tactical skills, we have a high success rate in this field and, in many cases, will offer a “no win no fee” arrangement to enable a claim to be made. Talk to us free of charge for some preliminary guidance. What will we do for you? First, we’ll listen. Then we’ll ask questions. Then we’ll advise. And then we’ll do what you ask us... quickly, simply and at the cost we’ve agreed. Contact us by phone or email whenever you are ready. “ Luke Taylor provided clarity in all aspects of the work undertaken, with prompt responses to telephone or email queries. ” Case Ref. WIL3040 VIEW TESTIMONIALS Our Wills, Trusts and Probate team + VERITY STAUFFER SOLICITOR SENIOR PARTNER + LUKE TAYLOR SOLICITOR HEAD OF WILLS, TRUSTS AND PROBATE + EMMA WARNER WILLS, TRUSTS AND PROBATE EXECUTIVE Contact Us 01252 375 376 enquire@woodfordstauffer.co.uk Talk to the right lawyer Contact us Careers Privacy & Security Terms of Use Accessibility Complaints Procedure About Price Transparency Tel: 01252 375 376 Fax: 01252 376 888 Email: enquire@woodfordstauffer.co.uk Church Path House, 63A Lynchford Road, Farnborough, Hampshire GU14 6EJ DX 59563 Farnborough VAT Number 641565048 © 2021 Woodford Stauffer Woodford Stauffer are Solicitors of England and Wales authorised and regulated by the Solicitors Regulation Authority. SRA Number: 71894. For more information on the solicitors' code of conduct visit www.sra.org.uk/solicitors/handbook/code/content.page Our Professional Indemnity Insurance is placed with AON whose contact details are; The Leadenhall Building, 122 Leadenhall Street, London, EC3V 4AN Telephone 020 7623 5500. This insurance applies to the jurisdiction of England and Wales.