Will Dispute Solicitors in Caerphilly

After the death of a family member, disputes can arise over their Will or how their estate is being handled. Our local Will dispute solicitors in Caerphilly can advise you on the best way to resolve disagreements, prioritising obtaining an out-of-court solution wherever possible.

We know that disputing a Will can be difficult which is why we always handle matters sensitively, providing support and guidance throughout. Our contentious probate solicitors have many years of experience in dealing with Wills disputes, including complex and high-value cases.

If you would like to speak to one of our Will dispute solicitors in Caerphilly, please contact our Caerphilly office or use our simple contact form to ask a question or request a call back.

Our Wills Dispute Services

We offer a full range of contentious probate services, including:

• Wills disputes
  • Challenging a Will for validity
  • Erroneous or ambiguous Wills
• Inheritance Act claims
• Proprietary estoppel, where a promise has not been honoured in a Will
• Claims against executors or administrators for failures in estate administration
• Professional negligence claims against Will writers

Challenging a Will for Validity

Challenging a Will for validity is one of the main grounds for contesting a Will. Reasons for raising a challenge can include:

• The person who made the Will, known as the testator, did not have sufficient mental capacity
• The testator had a lack of knowledge or approval of the contents of the Will
• Someone exercised undue influence over the testator, coercing them into making the Will in the terms that they did
• The Will contains mistakes or is ambiguous
• Fraud or forgery exist

Challenging a Will for Mental Capacity

When making a Will, a testator must be able to understand that they are making a Will and the effect that it will have. They must also be aware of the nature and extent of their estate and of the claims that individuals may have.

Lack of Knowledge and Approval

The testator must also know what is in their Will and approve its contents. This means that they should have read the Will or had it read to them and understood and approved it.

Challenging a Will for Undue Influence

A Will may be invalid if someone coerced the testator into making it. This is a particular risk for older, vulnerable individuals and those who rely on someone for their care. In some cases, family members may be excluded from their lives, which isolates them and increases their reliance on the coercive individual.

A new Will may be made that differs from earlier Wills and favours the person suspected of undue influence.

Inheritance Act Claims

If you have been left out of a Will or left less than you need to support yourself, you may be able to make a claim for financial provision.

The Inheritance (Provision for Family and Dependants) Act 1975 permits the following individuals to make claims against an estate:

• The deceased’s spouse or civil partner
• A former spouse or civil partner, provided that they have not remarried or entered into another civil partnership
• A cohabiting partner who lived with the deceased for at least two years before they died
• A child of the deceased
• Someone the deceased treated as their child
• Anyone being financially supported by the deceased at their death

If the deceased did not make a Will, the above individuals can still make a claim against the estate if they do not receive enough to support them.

When a claim is successful, the amount awarded will be ‘reasonable financial provision’. A spouse or civil partner can be awarded a larger sum comparable to what they might have received in a divorce.

Proprietary Estoppel

If you were promised something by someone and you acted on this promise to your detriment, you may be able to make a claim if this is not left to you in the Will. For example, if someone was told that they would inherit a farm and subsequently worked on the farm for a low income without pursuing a career elsewhere, they may be able to make a claim if the farm was not left to them when the time came. This is known as the principle of proprietary estoppel.

Is There a Time Limit to Contest a Will?

If you wish to make an Inheritance Act claim, you have six months from the date of the Grant of Probate or the Grant of Letters of Administration in which to start your case.

While you may have more time to make other Will disputes, contesting a Will after probate is granted can be more difficult, so we advise that you speak to a contentious probate solicitor as soon as possible.

This will also make it easier to obtain evidence, such as documents and witness statements, while matters are still fresh in everyone’s memories.

Do I Have to go to Court to Challenge a Will?

Resolving contentious probate cases out of court is generally preferable. This is a faster and usually less expensive way to resolve a contested Will.

We are often able to deal with Wills cases without the need for litigation. We will put your case strongly to the other side and negotiate to try and find an acceptable solution.

Executors and administrators are typically open to dealing with matters out of court as this will allow them to complete the estate administration and prevent the estate from having to pay large legal bills.

Why Choose JCP Solicitors in Caerphilly for Wills Disputes?

Our Director and Head of Inheritance and Trust Disputes, Richard Howells, has over 15 years of experience handling complex contentious trust cases. He is a member of The Association of Contentious Trusts and Probate Specialists (ACTAPS) and has an excellent reputation.

He and his team handle all types of Wills disputes and represent beneficiaries, claimants, executors, administrators and trustees.

We have offices across South Wales, East Wales and West Wales, including in Cardiff and Swansea.

Our Contentious Probate Fees

Our services represent value for money. We will ensure that you have a contentious probate solicitor with the right level of expertise for your requirements and will provide you with regular price estimates so that you know exactly how much each stage of your case will cost.

If you would like to discuss the potential costs of bringing a contested Wills case, get in touch with us today.

Contact Our Will Dispute Solicitors in Caerphilly

If you are looking for Will dispute solicitors near you, our local contentious probate solicitors in Caerphilly will be happy to help. Contact our Caerphilly office or use our simple contact form to ask a question or request a call back.