Dispute A Will
from the Private Wealth Disputes Team at Birketts
Will disputes
If a will is found to be invalid, the deceased’s estate will be administered in accordance with their earlier will, or if there are no previous wills which are valid, the Rules of Intestacy. It is therefore very important to have a full picture of the implications of pursuing a will challenge so that you can make an informed decision.
Claims under The Inheritance (Provision for Family and Dependants) Act 1975
The Inheritance (Provision for Family and Dependants) Act 1975 allows certain categories of people to make a claim against a deceased’s estate where the last will, or the Rules of Intestacy, do not make reasonable financial provision for them.
Claims against Executors and Trustees
Executors and trustees have an obligation to comply with a number of fiduciary duties when carrying out their role. These include ensuring that they are acting in the best interests of the estate or the trust, and the beneficiaries, at all times. They must also be careful that they do not allow their personal interests to conflict with their overriding fiduciary duty.
The interpretation or rectification of a Will
In certain circumstances, questions may arise as to the true meaning behind the wording of a will. It may also be unclear as to whether a will records the testator’s actual intentions and the instructions he or she gave to the draftsman who prepared the document. If this happens then we can advise on the remedies available to resolve the uncertainty.
