When you find reason to challenge the validity of a deceased person’s will and the distribution of their estate, it can be emotionally challenging for everyone involved. With disputes involving grants of probate and inheritance arising constantly, it’s important to get legal advice and representation as soon as possible to consider your claim and whether you could be successful. When looking for will disputes solicitors in London, consider Van Eaton Solicitors in Streatham.
From questions of the deceased’s mental capacity to allegations of fraud, our experienced civil litigation solicitors can help you gather the information needed to build your claim and talk you through making claims under the Inheritance (Provisions for Family and Dependants) Act 1975. Read our article below to see how you can successfully challenge a will; along with steps that need to be considered.
Consider Your Claim
First things first, you need to establish the details of your claim, and whether you could be successful. There are several reasons why someone may challenge the validity of a will, which you can read about in our previous article here. Usually, claimants refer to the Inheritance Act when they do not receive financial provisions, they believe they are entitled to. The identity of these people can range from a spouse to a child, which you can read more about here.
Legal Advice; Mediation
Solicitors will always have your best interests at heart, considering what’s best for your case and how you can win. Therefore, they will try to avoid court wherever possible to save you money and emotional stress. Dispute resolution will start with correspondence between the two opposing parties and their lawyers. Following this, alternative dispute resolution such as mediation can take place. Exploring another party’s strengths and weaknesses can help build your claim and help avoid defamation allegations. Mediation can help resolve disputes quickly and can save you the trouble of venturing to court.
Here at Van Eaton, our will disputes solicitors will always work to ensure your case doesn’t make it to court and will use our years of expertise to settle your claim through effective mediation. Forms of alternative dispute resolution exist, but mediation proves to be the most constructive way to settle a claim efficiently.
Sometimes, because of instances out of your solicitors’ control, cases can end up in court. In some cases, opposing parties can be difficult and won’t agree to the terms set out. Alternatively, the claimants may be unhappy with how the opposing party has responded and wish to take it further. The exact procedure will depend on the result being sought. However, most cases concerning will disputes will never reach court, but it is always a possibility.