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Wills and Probate Disputes
When a loved one passes away, disputes can arise for any number of reasons, regardless of whether a valid Will was left or not. The impact can be far-reaching, affecting close friends, family or even business partners and co-shareholders.
The Private Client team at Bermans work closely with the Litigation team to provide expert advice tailored to your needs. Whether through contentious probate litigation or negotiation and mediation, we strive to find the most suitable solution for you.
Can a Will be contested?
Where a Will is presented following a loved one’s death, it may be that you wish to challenge the validity of the Will itself. The reason for the challenge can be varied including:
- A drafting mistake
- Undue influence
- Lack of testamentary capacity
To move forward with a claim based on any of these grounds, there must be sufficient evidence to support a claim.
How long do I have to contest a Will?
The time limit to contest a Will depends on the reason for contesting the Will. It is crucial to seek legal advice promptly, if you think you have cause to challenge the Will. The time limit to submit a claim can be as little as six months from the date of the grant of probate. If there are reasonable grounds to challenge the validity of the Will, a caveat can be entered at the District Probate Registry to prevent the granting of probate until the dispute has been settled.
Can I contest a Will after Grant of Probate has been issued?
The time limit to file a claim to challenge a Will, begins with the date of the Grant of Probate. However, the appropriate timing will depend on the nature of the claim and the basis on which the claim is framed.
What do I do if I think the deceased did not have capacity when the Will was signed?
A proper execution of a Will requires the testator (the person making the Will) has testamentary capacity. If the Will is prepared through a solicitor, they have a duty to ensure the person making the Will is doing so of their own accord and understand the implications of their instructions. .
If a solicitor has doubts about the Client’s capacity, a testamentary capacity report at the time of preparing a Will can be requested. This document should be kept on file, not only to evidence that the solicitor carried out due diligence but also to prove that the testator has sufficient capacity to prepare a new Will. This document also proves that the instructions received for the new Will are coming directly from the person whose Will it is to be.
In the event the above duty cannot be satisfied, there is a risk of issues of fraud, undue influence or even abuse of power. These can be grounds to dispute the validity of a Will or certain terms within it.
The deceased told me they would leave me a gift, but this isn’t in the Will?
There are any number of reasons that a Will may not contain provisions or gifts that you were expecting. Unfortunately, this may be something as simple as that the testator changed their mind and didn’t tell you as they didn’t want to disappoint you.
Where a Will isn’t as you expected this could also be the result of the deceased having changed their Will as a result of undue influence. If you think there is a chance someone persuaded or manipulated the deceased to change their Will, we recommend speaking with one of our experts as soon as possible for advice. It is important you keep any evidence or documents that support your belief, as this could be evidence to support a claim.
Contact the private client team
I am sure the deceased left a Will, but the family say there isn’t one. What can I do?
It’s important to assess whether you think the family are telling the truth. If you believe there is a reason that they may be withholding the truth, our Private Client team can assist you with your initial options before establishing whether litigation is the best or only way forward.
The deceased didn’t leave a Will, but we were in a long-term relationship. The house we lived in together is in the deceased’s name. Can I keep my home?
There are a number of myths surrounding this type of scenario. This includes the term ‘common-law spouse’. No matter how long-term your relationship was, without a Will or being married, or owning assets in joint names, there is no automatic entitlement to something that you have shared or treated as your own.
If you are concerned about asset ownership following the death of a loved one, please contact our experts at Bermans for guidance.
The deceased was my business partner. The Will doesn’t protect the shares as agreed. What happens now?
Shareholder Protection Insurance may be in place, this can provide funds for surviving shareholders to purchase the deceased’s shares, typically pursuant to a cross-option agreement set out in the business’s shareholder agreement.
Our litigation team are specialists at analysing the documents prepared for the business, with any supporting documentation and correspondence, in order to assess whether the Will breaches any agreements.
The team at Bermans have extensive experience representing clients and providing solutions for issues related to wills, probate and shareholder disputes. Contact us today for expert advice and support.
For more information get in touch with our team by calling our Manchester or Liverpool office