Whilst we prepare Wills so your loved ones aren’t left with problems, homemade Wills, Wills made by devious relatives or ‘friends’ can all bring difficulties. The elderly can be exploited and fraud is not uncommon.
Whether you believe you have a claim or whether you have been notified of a claim, we can help you with the expert advice necessary.
We deal with problems arising from:
Inheritance (Provision for Family and Dependants) Act 1975
Most people think they can leave their assets as they wish. The Inheritance (Provision for Family and Dependants) Act 1975 can overturn the wishes expressed in a Will. For instance, in the recent case of Ilott v Mitson an aggrieved daughter, whom her mother excluded, received £164,000.
We live longer, but capacity problems are increasing and so is the possibility of taking advantage of someone who is losing their mental capacity. We are well experienced in looking at and dealing with these issues.
A Will can be challenged if there has be coercion or conduct amounting to fraud.
If promises have been made to someone that they would be considered in a Will, but that promise has not been fulfilled, the legal concept of ‘Proprietary Estoppel’ may allow a claim to be made.
If the deceased made a Will, which cannot be located or may have be destroyed accidentally.
Failure of due execution
A Will has to be executed following strict procedures. If the rules are not followed precisely, it Will be invalid. Failure to follow these rules is, perhaps, one of the most common ways of a Will failing to obtain Probate.
Want of knowledge and approval
A Will has to be read by or to the person signing it. If they do not know its contents, the Will can be questioned.
An earlier Will could prevail if attempts to destroy an existing Will have been made by a mistake.
If the parties made Wills which were intended to be binding on each other they could be regarded as Mutual Wills.
Probate fraud can occur on many levels – by those ‘caring’, by executors or by professionals. We can forensically look at the circumstances to see whether a case can exist
Fixed Fee Interview
We offer a fixed fee interview at our office for an initial examination of an inheritance problem of up to half an hour. On the evidence you supply, we will tell you if you do have a case or whether further information is required and any initial steps that should be taken as well as advising you of the potential costs.