Contested will cases

Are you looking for best hosting provider than you are in right place. Can a will be contested? What does it mean when an estate is contested? Why is a will contested?

What are some examples of contentious probate cases?

Contested Will claim goes to trial Our Contested Wills lawyers recently took a case to trial that hit the news headlines. The case made the newspapers because of the. Case Studies on Contesting a Will We are currently acting in a significant number of contested probate cases. Set out below are cases we have recently settled. Contested Probate Claims Case Studies Whilst there are many probate solicitors, there are few firms that genuinely specialise in handling contested probate cases , we are one of them.

We have experienced team members and lawyers that are experienced in both litigation as well as probate an wills and trust related matters. The facts of the contested will claim An Inheritance Act claim was brought by widower, Lionel Whiteley, against his late wife’s estate. His wife, Christine Whiteley, had made a will a few months before she died.

The bulk of her estate was divided into shares, with going to Lionel, 47. Herein lies one of the stronger cases for contesting a will. Because there is strong evidence that the deceased was not mentally well at the time the last will was made.

If they were suffering from dementia, for example. Accordingly, one can make a case that the last will is invalid. Contesting a will When someone dies, the administration of the estate will be dealt with, and the net estate distributed according to the terms of the deceased’s Will (or under the intestacy rules if there is no valid Will). In recent years, there has been an increasing number of Wills disputes, with the courts having to rule in many cases.

While the most common grievance is that such wills are unfair, there has also been a surge in documents being contested because of alleged mistakes, or the fact that the person making the will. There are four legal reasons for a will contest in most states, and it can be very difficult to prove any one of them. But if one of these four reasons for a contest does exist, a last will and testament can be invalidated.

The validity of a will can be contested if you believe it was created under one or more of following conditions: The person who has died did not have sufficient mental capacity at the time the will was drawn up This is called a lack of ‘testamentary capacity’. Disputes over wills: Will Fraud. Sadly we are seeing more cases of wills that have a fraudulent element, and are presently acting in several cases in cases in which the wills are alleged to have been forged.

What Happens When a Will is Contested The first step is for your solicitor to take instructions from you outlining the reasons why you wish to contest the will. They will then find out if a Grant of Probate has been obtained. If not, they enter into a Caveat to prevent one being taken out.

The purpose of this guidance is to assist Inspectors who are involved in contested cases in the Magistrates Court.

HSE will be represented by a lawyer who will be able to provide further advice on practice and procedure in such cases. Setting a date for trial. In some cases , the threat of a will contest is intended to both pressure the estate into avoiding the expense of a trial and forcing an out-of-court settlement more favorable to disgruntled heirs. However, those who make frivolous or groundless objections to a will may be forced to pay the costs for both sides in the court battle. Recovering legal costs in contested probate cases.

When it comes to determining the issue of costs in contested matters, the general litigation rule is that the costs follow the event. In other words, it is expected for the loser to pay the winner’s costs. This is however not always the case in contested probate matters.