Will and Estate Disputes

Will disputes are a type of legal issue called “probate claims,” which deal with questions about the validity of a will and how an estate is being managed after someone passes away. Here are some common scenarios that might lead to a will dispute:

  1. Mental Capacity: There may be concerns about whether the person who made the will (known as the testator for men or testatrix for women) was mentally capable of understanding what they were doing when they created the will.
  2. Undue Influence: There might be a question about whether the deceased was pressured or coerced into signing the will.
  3. Awareness: It could be unclear whether the deceased fully understood the contents and consequences of the will when they signed it.
  4. Fraudulent Calumny: This occurs when someone falsely maligns the character of a potential beneficiary to the deceased, influencing how the will is made.
  5. Legal Formalities: The dispute may focus on whether the will was properly signed and witnessed, meeting the standards set out in the Wills Act 1837.

In many cases, these issues are interconnected. For instance, a claim might argue that the deceased did not have mental capacity to make a will, but if the court does not agree, the next argument could be that the deceased was unduly pressured into making it.

Estate disputes can cover a variety of other issues, such as:

  • Burial Disputes: Conflicts over whether the deceased should be cremated or buried, and whether the funeral should be religious or secular.
  • Executor Conduct: Questions about whether the executors or administrators of the estate are fulfilling their duties correctly.
  • Debts: Issues involving debts owed by the deceased, especially to friends or family members.
  • Joint Bank Accounts: Problems may arise if an account was primarily funded by the deceased but is jointly held with another person.
  • Legal Fees: Concerns that solicitors hired by the executors to administer the estate are charging excessive fees.
  • Property Sales: Disagreements over whether to sell a property, often related to paying taxes or settling the estate.

Navigating these complex issues can be challenging without professional guidance. If you find yourself facing any of these situations and need clear, straightforward legal advice, please don’t hesitate to contact me. As an experienced chancery barrister, I am here to help ensure that your rights are protected and to assist in resolving any disputes that may arise.

Reach out to me for a consultation to discuss how I can address your specific needs effectively.

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