The executor named in the Will has died – What happens now? When drafting a Will, a testator will usually appoint one or several people to act as their executor. An executor is responsible for managing the administration of the
How do I challenge a Will?
One of the questions we are regularly asked by people who have been disinherited is, “How do I challenge a Will?” Contentious Probate solicitor, Jack Dray, looks at how to go about it. First of all, it is important to
How to challenge a fraudulent Will
Contentious probate solicitor Jack Dray, who has a background in criminal law, looks at how to challenge a fraudulent Will. One of the cornerstones of the law of England & Wales is the concept of testamentary freedom. This gives a
Challenging an invalid will
Hayley Bundey, a specialist inheritance and trust disputes solicitor, has once again been successful in challenging an invalid Will. It was a complex case involving heated dispute between siblings over the validity of their parent’s Will. There was strong disagreement
My spouse has cut me out of their Will
My spouse has cut me out of their Will, what can I do? When someone makes a Will, they are entitled to leave their estate to whoever they want. This is known as ‘testamentary freedom’, and it includes a testator’s
Is Legal Aid available to contest a Will?
Can you get Legal Aid to contest a Will? People often ask us, ‘Can you get Legal Aid to contest a Will?’ Unfortunately, while Legal Aid was once available for this type of case, it is no longer available for
Challenging a Will on the grounds of capacity
There are a number of grounds you can rely on when challenging a Will when you think it is invalid, and you can click here for details of the most popular grounds available. The most common ground for challenging a
Can a beneficiary challenge legal costs?
Our free legal helpline frequently receives calls and emails from people asking, ‘Can a beneficiary challenge legal costs incurred in the administration of an estate?’ The legal costs of administering an estate are technically incurred by the executor (or administrator).
My dad left everything to his second wife
Is there anything I can do if my dad left everything to his second wife? When making a Will in England and Wales we are all free to choose to leave our estate to whoever we wish. Unlike some countries,
How the Courts handle issues of mental capacity?
We look at how the courts handle issues of mental capacity One of the most common grounds for disputing a Will is whether the person who made the Will (the testator) was of sound mind when they did so. In