You will find a number of videos below that will help you gain a general understanding of the various issues that arise in respect of disputes over wills and inheritance issues.
Courtwingman can help review your case as to its merits and likely value, as well as advise you on the correct procedure. For example, you may need to know what immediate steps to take to prevent probate being granted and what time limits apply. You may wish to know whether it is an inheritance claim, or better brought as another cause of action, such as invalidity, undue influence, mental incapactiy and so on. You may want advice on the tax implications. A crticial area, where we ourselves have good trial experience, is promissory and proprietary estoppel.
We also advise and help people who may already have a law firm representing them, but want to get a second opinion. This might be because your law firm is better at administering estates and drafting wills than it is at litigation. Not all law firms that draft wills are equally skilled at litigation. (And vice versa.) For instance, some firms will not consider “no win no fee” retainers. Although only selectively used in certain cases, a no win no fee retainer can be important to a party who is without funds in a claim against an opponent with deeper pockets.
If there is a risk that your matter is contentious, make sure you have found the right lawyer and are not bumped sideways to a completely different lawyer in the same firm. And be alive to the fact that the lawyer who drafted the will and is administering the estate may not be a litigator.
Please note that this is an area of law where we advise against conducting the litigation on your own. The law and procedure is just too technical.
If you do decide that you need full representation, we can refer you to one of the preferred law firms on our home page or our main partner law firm, South Bank Legal. The solicitors who work at Courtwingman do also work as consultant solicitors to Southbank Legal, with their own litigation caseload and have close connections with the other law firms.
But if you just want advise early on as to whether you should invest time and money in a dispute, or at key stages, then Courtwingman represents extremely good value for money. If expert legal opinion is required, we also have experienced counsel to hand. In fact, we sometimes turn away cases and send clients to direct access barristers.
We are always looking to give you commercial as well as legal advice. One hour legal surgeries can be invaluable in covering these sorts of issues.
If you do not find an answer to your question in the videos (and please be aware that you will need to tailor the law to the specific aspects of your case, as these videos are for general-guidance-only), then email hello@courtwingman.com and we can book you up for a one hour legal surgery. Please forward any relevant documents, such as a will or a letter from an opponent rejecting a claim, so we can look at them together during the call.
In this vlog I look at the perils and pitfalls of bringing a claim against an estate, especially if you are unrepresented and I use an actual claim we are running for promissory estoppel, where a will is being challenge because the deceased made an earlier promise (which she is “estopped” for backing out of, even after her death) …
The general rule is that you can do what you want with your will and so cut out your children. But the Inheritance Act 1975 does cut against this general rule at times …
What if you are an adult child and have been cut out of a will, can you make a claim? I look at the position in terms of the state of the law on whether you can actually cut a child (or anyone else) out of a will or whether there is always a danger of a claim, for instance under the Inheritance Act 1975 …
An introduction to no win no fee and other types of retainers in the area of wills & probate litigation. Is no win no fee right for you?
I look at the fear that people have about bringing a claim under the Inheritance Act 1975 or challenging a will in the UK, about the dangers of having to pay your opponent’s legal bill if you lose. Is this a real fear or a fanciful one? Listen on….
Myself and Richard Parsons discuss issues around bringing claims (and defending claims) in the area of contested wills & probate. 1 hour podcast.
Here are some of the typical questions we are asked:
I am an adult child who has been cut out of a will, can I bring a claim and what are my rights?
I was living with the deceased and feel that I am entitled to some benefit from the will. What can I do about it and will I fall under the inheritance act provisions?
What if someone dies without a will (“intestate”)? Who is appointed the executor and can you make an application to be appointed as administrator of the estate?
What if you were not in the will, but the deceased promised you a share, for example where you worked in a business and believed that the work you put in meant you were going to inherit the business? (This is commonplace with farms.)
Can the will be set aside through duress, invalidity, mental incapacity, lack of form or approval? What do these terms mean?
What is a grant of probate? Can I stop someone who has a grant of probate but I disagree with it?
What court should I use?
What is a caveat and what is a warning?
Is my case too technical for me to run alone?
Is it always necessary to get a grant of probate?
What are the time limits for bringing claims challenging a will or an inheritance?
How do I deal with the taxi implications of inheritance?
Do please email us if you have an area of interest you do not think we have covered and we will add it to our list.