Will Dispute Solicitors in Carmarthen

The death of a family member is often upsetting and can cause contention. In the wake of a loss, it is common for disputes to arise over the handling of the deceased’s estate and the contents of their Will. Making the decision to dispute a Will can be deeply personal.

At such a time, JCP Solicitors' local Will dispute team are here to help you resolve disagreements. We aim for an out-of-court solution wherever possible, reached through sensitive support and guidance from our highly effective and experienced contentious probate solicitors.

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

Our Wills Dispute Services

JCP Solicitors provides a comprehensive range of contentious probate services, including:

• Disputing a Will
  • Challenging the validity of a Will
  • Ambiguity or mistakes within a Will
• 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 the Validity of a Will

One of the most straightforward methods of securing the grounds for contesting a Will is challenging its validity. Reasons for challenging a Will can include:

• Perceived insufficient mental capacity of the ‘testator’: the maker of the Will
• The testator having had insufficient knowledge of the Will’s contents
• Suspected manipulation or influence over the testator from a third party that resulted in terms made under coercion
• Ambiguity or mistakes within the Will
• Suspicion of fraud or forgery

Challenging a Will due to Lack of Mental Capacity

The Will testator must comprehend and be aware that they are making a Will and the subsequent effect it will have after their passing.

When the Will is made, they must show awareness of the size of their estate and the different claims individuals may have to it.

Lack of Knowledge and Approval

The maker of the Will must approve their Will’s contents and so should have either read the Will or had it read to them.

Contesting a Will for Undue Influence

Elderly and vulnerable individuals who may have had family members excluded from their lives and people who rely on carers for quality of living are unfortunately often at risk of coercion.

In the absence of a fair familial or friendly presence, they may be manipulated into making a new Will that favours the party applying unjust influence.

Inheritance Act Claims

A claim for financial provision can be made if you have been excluded from a Will or left less than is needed to support yourself.

You may dispute a Will under The Inheritance (Provision for Family and Dependants) Act 1975 if you are one of the following parties:

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

In the absence of a Will made by the testator, those listed above may make a claim against the estate should they find themselves underfunded and unsupported by the Will.

Upon a successful claim, ‘reasonable financial provision’ will be provided. For a civil partner or spouse, this is a sum often comparable to what they may have received in the event of a divorce.

Proprietary Estoppel

Proprietary estoppel addresses cases where an individual has been promised assets that they have not been granted in the Will.

If you are not left something in a Will that you believe you were due and made relative decisions under the presumption that it would be yours to inherit, you may contest a Will for your right to the asset.

For example, if someone pursued industry-specific skills relating to a family-owned business to the detriment of other career opportunities but is then not actually left the family business, they may be able to contest the Will.

Is There a Time Limit to Contest a Will?

To make an Inheritance Act claim, you must start your case within six months from the Grant of Probate or the Grant of Letters of Administration date.

While other Will disputes have longer time allowances, contesting a Will after probate is granted is typically more complex, so it is advisable to speak to a contentious probate solicitor at the earliest opportunity.

Obtaining witness statements and documents is easier to do whilst matters remain at the forefront of everyone’s mind, so contact your Will dispute solicitors as soon as possible.

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

Resolving a contentious probate case out of court is generally less expensive and more efficient.

Our solicitors at JCP aim to resolve Will disputes without the need for litigation, especially as our clients are often going through an emotionally stressful time.

Resolving cases outside of court is also preferable for executors and administrators as it allows them to complete the estate administration promptly and without large legal bills.

Why Choose JCP Solicitors in Carmarthen for Wills Disputes?

Richard Howells, our Director and Head of Inheritance and Trust Disputes, has over 15 years of experience handling complex, contentious trust cases.

He has an excellent reputation and is a member of The Association of Contentious Trusts and Probate Specialists (ACTAPS).

Richard and his team manage all types of Will disputes and confidently represent claimants, administrators, trustees and executors.

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

Our Contentious Probate Fees

Our services at JCP represent value for money. It is our priority to provide you with a contentious probate solicitor who holds the relevant experience to manage your case and provide regular cost estimates at each stage.

Please get in touch to discuss the potential costs of bringing a contested Wills case.

Contact our Will Dispute Solicitors in Carmarthen

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