It may be possible to challenge a will by alleging that the document was revoked by the will maker during his lifetime. An increasing number of claimants are contesting a will, in circumstances where one person seeks to administer an estate utilising a will that another person believes to have been cancelled by the will maker.

The terms of the will are never truly fixed until the will-maker has died. This is because the will-maker his always free to change the terms of his will whenever he wants. Even if the will is stated to be irrevocable (i.e. capable of being changed again) can nevertheless be revoked and replaced with a new will (or the laws of intestacy).

A will can be revoked in a number of different ways. Some of these methods are entirely down to the choice of the will-maker, whilst others simply operate because the law says so.

Destruction

A Will is revoked if…

It is not unusual for a divorcee to expect to receive provision from the estate of their former partner.

Unfortunately, there is generally no justification for this expectation, and therefore some of the applicable rules tend to come as a shock to the surviving (former) spouse.

If the divorced partner died without leaving a valid will, the laws of intestacy will prevent the survivor from receiving anything at all. The laws of intestacy make provision for existing relationships and not former relationships. Further, if the former partner did make a will after the divorce, it would hardly be surprising if that will failed to provide for the survivor. If the will was made prior to the divorce, then any terms within that will which make provision for the spouse are deemed by law to have been revoked by the divorce. …

What can you do if your partner, to whom you are not married but with whom you have been living, dies unexpectedly and either failed to make provision for you in his or her will, or died without ever making a will?

Whilst the age old general rules of law do not provide you with an answer, there is a array of hope that enables an unmarried partner to seek to become a beneficiary of the deceased’s estate.

It is a sad fact that society moves at a faster pace than the law does, and the law struggles to keep up. Law students learn of “sociological jurisprudence” which maintains that the law is adaptive to society’s needs. Society has a problem, and the law subsequently provides a solution. …

Here are some examples of cases C-PAID can help with. In each case, the solicitors were able to successfully claim on behalf of the client.

Inheritance Dispute — Failure to provide for a child

When Rachel and her sister, Stacey, were growing up, their father Peter assured them that he had made a will that shared his estate equally between them. Following a family argument, Peter fell out with Rachel and refused to speak to her again. Rachel tried to make friends with her father, but he rejected her attempts. After Peter’s death, Rachel discovered that Peter had changed his will so that he only made provision for Stacey. This left Rachel in financial difficulties because ill health had prevented her from working. Rachel was able to bring a contentious probate case against Peter’s…

The advent of the No Win No Fee agreement has seen a significant increase in the number of people who are able to seek access to justice. However, most of those people do not relish the thought of having to attend a trial in court. Most people would prefer their cases to resolve before things become that serious.

At C-PAID Solutions, we understand that our clients are hesitant to bring a claim when the thought of a trial increases their sense of grief for their loved ones. That is why we ask you to bear the following in mind:

Our panel solicitors tell us that the vast majority of their cases resolve before it is necessary to have a trial. …

The 6-month time limit

Any person who is not a beneficiary of an Estate, but who seeks to receive provision from that Estate, should bring their claim to the attention of the Courts within 6 months of the Grant of Probate being issued.

Ordinarily, as soon as this time-limit has expired, it will no longer be possible to pursue a claim.

It seems harsh, but this rule is there to protect people. Executors, who have administered the estate properly and have distributed the assets to the beneficiaries in good faith, need to be protected from an unforeseen claim for a portion of the Estate…

This simple question can raise serious controversy. Those who benefit substantially from a Will can naturally be expected to resist any suggestion that the Will should be interfered with at all. Those who receive nothing but are in financial need view these issues from the opposite point of view.

So, when should a Will be challenged?

Some would say never! Many believe that a Will should never be interfered with because it reflects the last true intentions of its maker, and that such desires must be respected at all costs. After all, it is a long-established principle of English law that a man is free to bequeath his estate to whomever he wants and is free to withhold provision from whomever he wants.

But what about those who have been affected for the worse? Should those who do not benefit from the Will-maker’s freedom of choice be able to challenge the provisions of his Will?

What…

A no win no fee agreement allows you to pursue your contested probate or inheritance dispute case from start to finish without having to put your hand in your pocket.

If you lose your case, you never have to pay your solicitor at all. If you win your case, it is expected that your opponents will pay your fees for you.

To best understand this, it is important to first appreciate what happens when you pay your fees privately.

Paying privately

If you agree to pay privately, your solicitor will incur fees in accordance with an agreed hourly rate. There will be a charge for each hour, or part of hour, that the solicitor works. VAT will be added. …