Contensting a Will

“Thank you for the valuable service you have provided me during my stressful time.” Claimant in a dispute over a Will

Contesting A Will

Disputes over a Testator's Will occur for any number of reasons. Often it is to do with the Will's validity, or perceived lack thereof. Some examples we frequently encounter at Lloyd Rehman & Co include:

  • Allegations that a family member pressured the deceased into naming them as a beneficiary
  • Disputes as to the mental capacity of the deceased
  • Claims by relatives not provided for in the Will that they relied on promises made to them by the deceased
Unmarried Co-Habiting Couples

Another area of contention can be when an unmarried couple live together and one of them dies. The updated Inheritance Provision for Family and Dependants Act 1975 (IPFDA) now gives rights to the survivor of a couple, who have lived together for over 2 years, to make a claim.

Clients in this situation may have a strong case against the Estate of their deceased partner, despite the family's claim that the surviving partner should not receive anything when sufficient financial provision been made elsewhere for the survivor. IPFDA claims may also be made where the deceased died Intestate, i.e. without making a Will.

At Lloyd Rehman and Co we represent both those seeking to challenge Wills and those seeking to defend them. Importantly, we endeavour to negotiate wherever possible, as litigation is both time consuming and costly. On occasion, the expense of litigating can even surpass the value of the contested estate. Given that potential risk, it is often preferable to explore the possibility of negotiating a settlement prior to Trial, subject of course to the attitudes of the opposing parties and their representatives, as well as the merits of the case.

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