There are various reasons why someone would want to contest a will. Questions of validity and claims made under the Inheritance (Provision for Family and Dependants) Act 1975 can vastly delay the distribution of an estate. To avoid common inheritance disputes following your death, you need to ensure that your will is valid and details exactly the beneficiaries to your estate. If you are the person contesting or need to defend a claim against you, you should contact qualified probate specialists as soon as possible.

Here at Van Eaton Solicitors in Streatham, our civil litigation solicitors have years of experience in helping clients bring claims and defend them, protecting their best interests and the wishes of the deceased. We provide expert legal advice during a free consultation, helping clients build their cases successfully. When a will is contested, there are various steps that you can take…

 

The First Steps to Contesting a Will

If you are considering contesting a will, it is advised that you start proceedings before probate is granted. It is much harder to successfully bring a claim against a will once the assets have been distributed. However, it is possible. Before you begin legal proceedings, try, and reach an agreement with your family members or the executors and beneficiaries. If this is not possible,  seek the very best legal representation; a firm that has significant experience and can provide the best probate specialists can help you get the results you need efficiently.

Contentious probate disputes are unfortunately quite common and can cause a great deal of distress. The best steps forward can be decided between you and your solicitor, all the while attempting to minimise the emotional toll taken upon yourself. If you believe a will to be invalid, or you think you have grounds to make a claim. You can contact our qualified probate dispute solicitors by filling in our online contact form here.

 

Alternative Dispute Resolution

If you decide to proceed with a claim against the estate, as a first step your solicitor should suggest mediation. This takes place between you, the opposing party, and a neutral third-party mediator. This process gives you the chance to air your grievances and reach an agreement that satisfies you both. It can reduce both stress and legal costs and involves problem-solving on a collaborative level that allows opposing parties to understand each other’s reasoning.

To increase the chances of mediation being successful, you need to build a case that has merit. Once you bring a claim of invalidity, or you believe you are entitled to financial provisions, you must act fast. Collecting as much necessary evidence as possible can make your claim airtight, and help you win your case efficiently. Here at Van Eaton Solicitors in Streatham, our probate specialists can help you build your case and implement effective dispute resolution, keeping your case out of court wherever possible. However, this is not always achievable.

 

If Your Case Reaches Court

If mediation does not work and you must venture to court, our solicitors will accompany you every step of the way. Attending court can be costly and stressful, but if you believe in the merit of your case, you should always pursue it. Our solicitors can help plead your case in court, bringing all evidence in front of a judge to increase your chances of winning. Contesting a will is a difficult process for both parties involved, but it is an important one, nonetheless.

Here at Van Eaton Solicitors, we provide a range of services that cater to various areas of civil litigation. If you wish to bring a claim against a deceased person’s estate, please give us a call on 0208 769 6739. We will be happy to assist.