The death of a loved one is an emotional and challenging time, and disputes over their will can add further stress to an already difficult situation. At Van Eaton Solicitors, we understand the complexities of will disputes and are here to provide expert legal guidance with compassion and care. In this article, we explore what a will dispute entails, common grounds for contesting a will, and practical steps to protect your inheritance.
What is a Will Dispute?
A will dispute arises when someone challenges the validity or terms of a deceased person’s will. These disputes often occur during probate—the legal process of administering the deceased’s estate—and can involve disagreements over the distribution of assets or whether the will truly reflects the deceased’s wishes.
For example, a family member might believe they were unfairly excluded, or there may be concerns about the circumstances under which the will was created. Understanding the legal grounds for contesting a will is the first step toward resolving such disputes.
Common Grounds for Contesting a Will
There are several legal grounds for challenging a will, including:
- Lack of Testamentary Capacity:
The testator (the person who made the will) may not have had the mental capacity to understand the nature and effect of their decisions at the time of drafting the will. This is common in cases involving dementia, Alzheimer’s, or other cognitive impairments. - Undue Influence:
The testator may have been coerced or manipulated into making decisions that do not reflect their true intentions. For instance, a caregiver or relative might have exerted pressure to gain an unfair share of the estate. - Improper Execution:
The will may not meet legal formalities, such as being signed in the presence of two witnesses. - Fraud or Forgery:
There may be evidence that parts of the will were forged or created fraudulently. - Failure to Provide Adequate Maintenance:
Under the Inheritance (Provision for Family and Dependants) Act 1975, certain individuals—such as spouses, children, or financial dependants—can claim if they were not reasonably provided for in the will.
Each case is unique, and our experienced solicitors can assess whether there are sufficient grounds to challenge a will.
The Costs and Consequences of Will Disputes
Will disputes can be emotionally draining and financially costly. Prolonged litigation may deplete estate funds, reducing what remains for beneficiaries. Additionally, disputes often strain family relationships, creating long-term divisions.
At Van Eaton Solicitors, we aim to resolve disputes quickly and amicably through mediation and alternative dispute resolution (ADR) wherever possible. This approach helps minimise both financial and emotional costs while preserving family relationships.
How Van Eaton Solicitors Can Help
At Van Eaton Solicitors, we specialise in resolving contentious probate matters with expertise and compassion. Our approach includes:
- Settlement-Focused Solutions: We promote mediation and negotiation to avoid court proceedings whenever possible.
- Vigorous Representation: If court action becomes necessary, we are prepared to pursue your claim with determination.
- No-Obligation Case Assessment: We offer an initial consultation to evaluate your case and provide honest advice on its merits.
We provide tailored support to ensure your interests are protected while respecting the wishes of the deceased.
Practical Tips to Minimise Will Disputes
To reduce the likelihood of a dispute arising after your death or that of a loved one, consider the following steps:
- Draft Wills Professionally:
Ensure wills are prepared by qualified solicitors who understand legal requirements. - Communicate Clearly:
Discuss inheritance plans openly with family members to manage expectations and reduce the risk of misunderstandings. - Review Regularly:
Update wills after significant life events such as marriage, divorce, or the birth of children. - Include Explanations:
Provide written explanations for any unusual provisions in your will to avoid confusion or disputes.
Taking these steps can help prevent disputes and protect your loved ones from unnecessary stress.
When Should You Seek Legal Advice?
It’s essential to consult a solicitor if:
- You suspect undue influence or fraud.
- There are concerns about the testator’s mental capacity at the time of drafting the will.
- The executor is not fulfilling their duties properly.
- You believe you have been unfairly excluded from an inheritance.
At Van Eaton Solicitors, we recommend seeking advice early to preserve evidence and strengthen your case.
Conclusion
Will disputes can be complex and emotionally taxing, but with expert legal support, you can protect your inheritance and achieve a fair resolution. At Van Eaton Solicitors in Streatham Hill, we combine legal expertise with compassionate service to guide you through every step of your claim.
If you’re involved in a will dispute or believe you have grounds to challenge a will, contact us today for a no-obligation consultation. Let us help you navigate this challenging time with clarity and confidence.
Contact Us Today
- Call: 0208 769 6739
- Visit: Our Streatham Hill office
- Online: Complete our enquiry form
Van Eaton Solicitors—your trusted partner in resolving probate disputes