Challenging a Will: What are the grounds for contesting a Will in the UK?

Have you ever been left out of a Will and thought that you deserved something from the estate? Do you think that family members have acted unfairly, or that a step-parent has influenced your parent? do you think that something suspicious may have happened to a parent’s Will? This article discusses the grounds for challenging a Will in the UK, and what specific factors contribute to a successfully contesting a Will.

Challenging a Will
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We are often asked the question “can your Wills be challenged?” Keep in mind that any Will can be challenged. If a loved ones did not receive what they were expecting from a Will, then they are perfectly entitled to challenge the Will. Typically this would be done through a Solicitor.

But very quickly, the solicitor will be able to tell their client whether they have any chance of success.

There are very specific grounds for a Will to be successfully contested, and we will describe these in this article. Let us start with what will not likely result in a successful challenge.

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Will writing service – what to look for in a Will writing company.

Every single adult should have a Will in place, but most do not. If you are reading this, you may have given some thought to writing a Will, but not sure how to get started. You have seen different approaches to writing a Will, but you are not sure which services offer a quality, affordable Will writing service, without questionable extras. Hopefully this overview will help you take the next step.

Why you need a Will.

A Will allows you to describe the distribution of your estate. It puts somebody in charge of the process, and it allows you to do things like name a guardian for your children, make charitable bequests and set up trusts.

If you die without a Will, the courts take over. Your family and loved ones will have to work their way through a court process that will eventually do the work of your Will, but probably not the way you would have wanted.

The courts will put somebody in charge of the process. Hopefully this is somebody with the administrative skills needed, and a person who has a good rapport with your family and your beneficiaries. They are going to have to work with the people you have left behind to distribute everything you own according to a legal formula. In the meantime your assets will be frozen.

Then your assets will likely be liquidated and divided according to the laws of “intestate succession”. If you are married without children, then it is possible that your intended distribution plan would match the intestate succession plan. But in almost every other case, your assets will be divided in a very strange way.

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Six common estate planning mistakes – getting your Will right.

Six Common Estate Planning Mistakes

Estate planning is a critical part of financial planning, but a task that often never quite makes it to the top of your To Do list. Having your final wishes clearly set out can relieve your loved ones of unnecessary stress and financial burdens. To help you along your estate planning journey we have listed 6 common mistakes that anyone can make when writing a Will.

Estate planning mistakes

Mistake #1: Assuming that Wills are only for the wealthy

According to a recent YouGov survey, nearly two thirds of the British adult population do not have a Will. Continue reading

Review of UK Online Will services 2019 – your guide to the best.

Will writing options

Before the advent of online Will writing services there were two general approaches to writing a Will. Going to a solicitor, or writing your own Will on a piece of paper. These two approaches were diametrically opposite. A solicitor would be able to provide you with legal advice, and potentially write custom clauses in your Will, but the service would cost you several hundreds of pounds.

The option of going to a solicitor was not available to everybody either because of a lack of time, or an unwillingness to pay high fees to what was perceived to be a simple instruction. So many people attempted to write their own Will starting with a blank sheet of paper, and in general terms explain how they would want their estate to be distributed. The common belief was that writing at least something on a piece of paper, was better than dying without a Will.

Online Will services

In the mid to late 1990’s a number of blank form kits started entering the market. Available from shops like WHSmith the kits provided some structure to writing a Will, and at least guided the user through making some key appointments, and included the formalities of revoking previous Wills, and signing the new document.

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An Executor for your Will – how to make the best appointment

How to Choose an Executor for Your Will

One of the most important estate planning decisions that you must think about is how to choose an executor for your Will. Surprisingly, many people do not give much thought to just how important an executor is. Often the task I given to a family member without much thought about whether that person is the best for the job.

An executor has a very important role. They will be in charge of administering your estate as efficiently and promptly as possible. It is a big responsibility to undertake. You really should give some serious thought about how you choose an executor for your Will.

What Does an Executor Do?

When choosing an executor for your Will it is important to realize what role means. The executor of a will has a number of important tasks: Continue reading