Category Archives: Contesting Will

What Makes A Valid Will?

By Tim Bishop | Published: May 16, 2012

Your will is a very important legal document, and as such, needs to fulfil certain criteria. Without these criteria in place, the will is not valid, and may be challenged and overturned. A will is valid if: • it’s made by a person aged 18 or over, voluntarily and without being coerced by a third [...]

Also posted in Wills | Comments closed

Private client microsite catch up

By Tim Bishop | Published: April 20, 2012

If you are new subscriber to this blog, it is possible that you have missed out on some of my recent blogs about the various specialist microsites that the firm have recently launched. If you have missed out, here is a guide to some of our recently launched web sites; Contesting a Will – one [...]

Also posted in Accident Claims, Compromise agreement, Employment law, Enfranchisement, Family law, Lease Extension, Professional negligence claims | Comments closed

What is a Litigation Friend?

By Tim Bishop | Published: March 29, 2012

Children under the age of 18 and certain protected parties (those deemed to lack the mental capacity) cannot legally represent themselves in a court of law. They are represented instead by a Litigation Friend, somebody who acts on their behalf throughout their claim, be it a parent, guardian or other trustworthy adult. This is particularly important [...]

Also posted in Accident Claims | Comments closed

Frequently asked questions about making Wills

By Tim Bishop | Published: March 19, 2012

Where should I store my Will? In a secure place at any Probate Registry in England and Wales, the Principal Registry Office of the Family Division, the Bank (some offer secure storage facilities for an annual fee of £10.00 to £25.00), with Probate solicitors (some solicitors – like us – do not charge for secure storage [...]

Also posted in Probate, Wills | Comments closed

Crystal ball gazing [part 2] – more work for solicitors [continued]

By Tim Bishop | Published: February 7, 2012

Following on from yesterday’s article, here are two more areas of work where we think solicitors will find more work in the next 3 to 5 years. Contested probate Disputing wills is another area we think will grow – due to a number of social and economic factors come not least the ageing of the baby [...]

Also posted in Professional negligence claims | Comments closed

Our top 10 websites of 2012 [part two]

By Tim Bishop | Published: January 25, 2012

Following on from yesterday’s blog with regard to the 10 most successful microsite of the year, here are the top five Enfranchisement Solicitors -this was the very first microsite we set up and, perhaps partly because it is the oldest, has been our most successful. It deals with three basic issues – leasehold enfranchisement, lease [...]

Also posted in Enfranchisement, Intellectual Property, Professional negligence claims | Comments closed

Dependency Claims and the Inheritance Act

By Tim Bishop | Published: November 16, 2011

Under the terms of the 1975 Inheritance Act, anyone who was maintained by the deceased prior to their death can make a financial claim against the estate – by contesting probate. In order to make such a claim, you will need to be the deceased’s spouse or civil partner. They can also be a former [...]

Posted in Contesting Will | Comments closed

Probate and how Assets are distributed

By Tim Bishop | Published: October 27, 2011

The role of probate is to distribute your assets to those named in your will following your death. In the absence of any will those assets will be distributed by the UK probate court in line with the so-called “intestacy rules”. The distribution of the assets contained in your estate will be handled by the [...]

Also posted in Probate | Leave a comment

How can a Will be challenged?

By Tim Bishop | Published: October 14, 2011

Today, more Wills are being challenged and contested than ever before. There are many complicated legalities involved in contesting a Will, but challenges usually fall into one of the following five categories: Wrongly executed Wills Wrongly executed Wills do not do everything that is specified in the Wills Act. A correctly executed Will must be [...]

Also posted in Wills | Leave a comment

Undue influence and fraudulent wills

By Tim Bishop | Published: September 28, 2011

 Undue influence Undue influence, which occurs when the Testator (the person making the Will) has been coerced into altering their Will, is on the increase with the number of disputes now at record levels. Contesting a will on the basis of undue influence, then, involves cases where wills are altered close to somebody’s death or [...]

Posted in Contesting Will | Leave a comment