It's always hard when a loved one passes away, but as the beneficiary of their will, there's reassurance in knowing that their legacy will pass on to the people who loved them. However, when someone decides to dispute the will, this can make everything far more complicated, and delay (or sometimes remove) the inheritance you're due to receive. The management of the deceased's estate is put on hold until the matter is resolved.
If someone makes allegations that a will has been subject to undue influence, forgery or other interference, it's vital to seek legal advice. The experienced contentious probate legal team at Switalskis can help you respond to these allegations and offer advice on defending a contested will. In many cases, it's possible to resolve disputes amicably without the need for court proceedings, but this requires you to act quickly and decisively.
At Switalskis, our legal experts prioritise beneficiaries and the intentions of the deceased when defending a contested will. To do this, we'll start with a free consultation where we'll discuss your situation in detail, and find out more about the grounds on which the will is being contested. That allows us to offer bespoke legal services and structure our defence of the will with these specifics in mind.
We'll stand by your side from start to finish to prepare the best defence, collect the necessary evidence and documentation related to the will, and negotiate with the other parties involved to conclude the matter. Switalskis will aim to resolve disputes as quickly as possible and remain focused on the outcome you want to achieve. By handling the legal aspects of inheritance disputes on your behalf, we can give you the time and space you need to focus on the things that matter in your time of grief. You won't just get expert legal advice from the team at Switalskis - you'll get a team that remains committed to upholding your best interests at all stages of the process.
Wills may only be contested based on specific legal grounds, although there are other reasons why a dispute may arise. Many such cases are best resolved through negotiation - even if there are legal grounds for the challenge, the result of successfully contesting a will may be that the document is deemed invalid and overturned. If this happens, any previous wills must then be used to manage the estate and, if there are none, it will be distributed according to the rules of intestacy.
The legal grounds are generally based on the validity of the will, rather than its perceived fairness. They include:
Failure to meet these requirements may affect the will's validity, although the introduction of video witnessing during the COVID-19 pandemic has introduced new complications into this process.
Even if a will is valid, certain people can contest it if they believe it fails to make reasonable financial provision for them. They can do this through Claims under the Inheritance (Provision for Family and Dependants) Act 1975. Spouses, civil partners, children and other people who were financially dependent on the deceased may be eligible to make an Inheritance Act claim.
Defending a contested will involves demonstrating that the will is valid, properly executed, and reflects the genuine intentions of the deceased. When you seek legal advice from Switalskis, your solicitor will discuss the circumstances under which the will is being challenged, and develop the best possible defence on this basis. This may rely on providing evidence such as medical records and witness statements, or challenging the evidence that the person contesting the will has brought.
This can be a complex process, and the best course of action is to work with a reliable and knowledgeable solicitor to build a suitable defence that takes into account the specifics of your situation.
Got questions or ready to get going? Just give us a ring on 0800 1380 458 or drop us a line through the website. Whenever you need us, we're here to help.
September is World Alzheimer’s Month, with World Alzheimer’s Day falling on Sunday 21st. It’s a time to raise awareness of Alzheimer’s disease and its profound impact, not just on individuals, but on families, communities, and the legal decisions that follow.
Every year, Suicide Prevention Day serves as an important reminder of the mental health challenges many face. It’s a day to raise awareness, encourage support, and highlight resources for those who may be struggling. But what happens when someone is suffering in silence, and their struggles end in tragedy? How does this intersect with contentious probate and intestacy? These legal issues may not seem directly linked to mental health at first, but they are deeply connected.
A lasting power of attorney (LPA) is a legal document that allows a person, known as the donor, to appoint one or more people (attorneys) to make decisions on their behalf if they lose the mental capacity to do so themselves. There are two types of LPA, one dealing with property and financial affairs and the other with health and welfare. Attorneys must always act in the donor’s best interests and within the scope of the powers granted to them.
If an individual loses the capacity to make their own decisions, someone else may need to step in to manage their affairs. Two of the most common roles in these situations are a deputy and an attorney. While they can have similar responsibilities, the way they are appointed and the powers they have are different.
A contested will can have ripple effects for the family members and loved ones of the deceased, and create a difficult situation until it's resolved. At Switalskis, we'll help you defend the will in a no-nonsense and cost-efficient manner to get the estate administration process back on track. We aim to resolve most disputes without going to court, to make things as easy as possible for you. Our client-driven approach is underpinned by the following tenets:
Probate disputes can be complex, and the legal terms and concepts can be hard to grasp. Switalskis is committed to making everything easier to understand, and breaking down the legal complexity to help you understand your situation. We'll make sure you know what's happening, what you need to do, and what the likely outcomes are depending on the decisions you make.
We know that defending a contested will can involve a lot of emotional strain, just like any dispute between friends and family members. We'll stand by you throughout the process and offer any support you need. With Switalskis, you'll get more than just a legal expert - you'll get a good listener who can tailor their services to your exact requirements.
Every solicitor at Switalskis has a wealth of knowledge about this area of the law, and has experience with factors like mental capacity and fraud. This means that we're in a strong position to defend a contested will, no matter the grounds on which it is being challenged, and secure the best possible outcome.
A will is a binding legal document that must be followed to make sure the deceased's wishes are carried out. Even if a beneficiary is unhappy with the decisions that have been made, a dispute must have legal grounds. Our solicitors will apply their extensive experience to defend your loved one's will and allow you to move ahead with probate.
If you need legal support in a contested probate situation, contact Switalskis today. Good advice from our experienced solicitors can help you to overcome will challenges and resolve things amicably, without the need for court proceedings.
For advice that's tailored to your situation, give Switalskis a call on 0800 1380 458 or send us a message through our website to get things moving.
