Will Disputes
In this day and age, with non-traditional family backgrounds, regrettably, and increasingly, Wills disputes are becoming very common.
It certainly does not require a multi-millionaire to leave all their assets to the Donkeys Sanctuary: people who have a legitimate claim, for example, spouses, or children omitted from Wills, can make a claim under the Inheritance Act 1975 which protects dependants supported by the deceased for a minimum of 2 years before death.
There are a number of grounds on which a Will can be challenged, including forgery or fraud, undue influence, whether the testator had the necessary capability to draw up the Will, whether they understood, in the sense of knowing and approving what was in the Will, and finally, technical arguments covering the way in which the Will itself was executed.
Here at Metcalfes we are acutely aware of how sensitive these issues are. We also advise our clients in relation to the fact that disputes in relation to Wills often drain the estate, and alternative forms of dispute resolution such as mediation may well be appropriate. Nevertheless, we are here to assist people who would otherwise have a legitimate expectation of being a beneficiary under a Will.
If you feel that you may have a legitimate Will disputes claim, please do not hesitate to contact our Anthony Heath or Barbara Calcutt who would be happy to discuss the matter with you.
Contact
Barbara Calcutt Head of Private Client
Helen Calcutt Solicitor
Sharon Boothby Legal Assistant