Making an inheritance claim when you can’t find a Will

Can’t find a Will? Want to make an inheritance claim? For free guidance on what to do give us a call. We offer a free case assessment service and no win, no fee funding. Call 0333 888 0409 or email us at info@contesting-wills.co.uk

Can’t find a Will, but want to make in inheritance claim? Read this case study of a successful Inheritance Act claim that was made when a Will could not be found.

His daughter wanted to challenge the will and appointed our specialist solicitors to represent her in the inheritance dispute.

It was the daughter’s case that the Will was not the last Will he had made. He told her on several occasions that he had executed a later Will which made provision for her.

Unfortunately, the daughter could not find her father’s later Will, despite extensive searches. In the absence of locating a later Will the courts would insist that his estate be administered in accordance with the earlier Will.

We therefore advised the daughter to bring a claim under the Inheritance (Provision for Family & Dependants) Act 1975.

The daughter’s claim was based upon:

  • her financial need for financial provision;
  • the wife’s lesser need for provision;
  • the estate being of a sufficient size to make provision for her;
  • her disabilities; and
  • her father’s conduct in promising her provision from his estate which had created an obligation and responsibility upon him to make financial provision for her.

Court proceedings were commenced, but the inheritance claim was settled out of court by negotiation.

This is a good example of a classic scenario where a parent promises a child provision from their estate, but on their death it becomes clear that their Will is either out of date, or at complete odds with the assurances.

Whilst our client’s father may have felt he was doing the right thing by making such promises and not causing a family dispute during his lifetime, it highlights how important it is for anyone making a Will to ensure that all parties are aware of their true intentions to avoid a legal dispute arising.

On this occasion a settlement was agreed before the case came to court, but where a claim goes to trial there is always the danger that the legal costs will consume a large part, or even the entire estate.

The case also highlights the importance of making sure that Wills are kept in a safe and accessible place, and that someone knows where to find it. At Slee Blackwell our Wills and Probate administration team offer to store Wills completely free of charge.

If you can’t find a Will and wish to contest an estate or would like guidance on making an Inheritance Act claim then contact our helpline for a free assessment. Call us on 0333 888 0409 or send an email to info@contesting-wills.co.uk

Making an inheritance claim when you can’t find a Will

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Case Studies - A track record of success to be proud of

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We are proud of our track record of success in the complex area of contesting wills. We have achieved successful outcomes in a vast range of scenarios. If you take a look at our case studies you will see the breadth of our experience and our numerous successes. You may find a case that directly mirrors your own, but if not, the chances are that someone in our team will have dealt with a similar case.

Frequently Asked Questions

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Some of the questions our specialist contesting wills solicitors are most frequently asked. Please feel free to contact us to ask any questions related to your case, we also offer a free 30 minute consultation.

A mirror will reflects the contents of another will made at the same time. They are commonly made by spouses (and sometimes unmarried couples) who wish to leave their estate to the other, with the combined estates then being left to named beneficiaries (generally children) on the second death. The terms of each will ‘mirrors’ the other, but the survivor is free to make a new will if they choose to do so.

Mirror wills should not however be confused with mutual wills. While they are similar in that each will reflects the contents of the other, a mutual will goes one important step further. It creates a legally binding agreement that the terms of the wills must not be changed when one of the will makers dies. Mutual wills are effectively an enforceable contract, with the surviving will maker being legally bound not to alter or revoke their will.

Mutual wills are far less common than mirror wills. While they provide certainty after death, they do not allow flexibility or testamentary freedom once the first person has died. They are also open to challenge upon grounds such as undue influence.

The most common grounds relied upon to contest a will are as follows:

Failure to comply with the Wills Act

A will must comply with all the formalities of the Wills Act. This means it must be in writing, and it must be signed by the deceased in the presence of two witnesses who signed the Will in the deceased’s presence.

Lack of Testamentary Capacity

The maker of a Will must have sufficient mental capacity (known as testamentary capacity). The law requires that they understood:

  1. That they were making a will and that it had the effect of carrying out their wishes upon their death;
  2. The extent of their property and what it consisted of; and
  3. The claims on the estate which they ought to give effect to.

Undue Influence

If the deceased had pressure placed upon them to make a will or change the terms of an existing will, then it may be legally invalid. The signs of undue influence include:

  1. Last minute changes to a Will
  2. Family members being disinherited and people who were only close to the deceased for a short time being named as beneficiaries
  3. A handmade Will that was drafted without the use of a solicitor
  4. A deceased who was vulnerable
  5. A deceased who stopped contact with loved ones prior to their death

Lack of Knowledge and Approval

The maker of the will must have had 'knowledge and approval' of the will's contents for it to be legally valid.

Forgery or Fraud

This occurs where a will has been falsified in its entirety, or parts of it have been altered or forged in some way. It includes cases where the deceased’s signature on the will is not genuine.

Fraudulent calumny

This involves beneficiaries who poison the mind of the person who made the will in order to persuade them to disinherit other potential beneficiaries.

Alternatives to challenging the validity of a Will

Aside from disputing the legal validity of a Will, you could also consider making an Inheritance Act claim or pursuing an action for proprietary estoppel if a promise has been broken.

It is difficult to assess what it will cost to contest a will at the outset of a case. There are so many different factors that impact legal fees, including the complexity of a case and the steps that will be required to obtain the evidence to support it. The conduct of your opponent can also have a great bearing.

Because legal costs are usually calculated on an hourly basis, the longer a case goes on, the more work that is required, and the greater the costs will be.

Another key factor is the seniority of the solicitor who deals with your case. The more senior the lawyer, the higher their hourly rate will be.

We have a large team of specialists who deal exclusively with this area of work. This means that we can offer specialist representation at all levels. Our team of qualified lawyers includes

We will be happy to discuss which member of our team will be best suited to your case and provide details of their hourly rate.

Because we specialise in contested wills, we trust our own judgment and are therefore willing to work No Win, No Fee basis. Not all cases are immediately suitable for No Win, No Fee funding, of course. We can only offer this funding scheme where the prospects of success are good. Sometimes this will be clear from the outset and an immediate decision can be made. Other cases might not be quite so clear at the outset, and investigations will need to be carried out. This could include:

  • Obtaining the deceased’s medical records;
  • Speaking to the witnesses of the will;
  • Obtaining will preparation file; and
  • Requesting a statement’ from the solicitors who drafted the will.

Once these investigations have been carried out we will be in a better position to make an informed decision on whether No Win, No Fee funding can be offered. We may be able to carry out that investigatory work for a fixed fee.

We are also able to deal with cases on a deferred fees basis, where you are guaranteed to receive monies from an estate that will be sufficient to meet the legal costs.

New Channel 4 legal series

If you are involved in a legal dispute, then the production company behind Who Do You Think You Are? and Long Lost Family is keen to hear from you.

In a first for British television, a legally binding alternative to the congested, lengthy, and costly court process is being offered. Each side’s case will be prepared by an independent solicitor and presented to an impartial arbitration judge by a leading barrister. This process will be free to all who take part, with the cost of legal representation being covered.

If you would like to discover more about taking part in this first-of-its-kind series, click here or send us an email.