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Glossary

 

A B C D E G I L M P S


A

Administrator
Individual appointed to administer the estate of a person who dies without leaving a Will
Administration
Dealing with the estate of a deceased person


B

Beneficiary
A person entitled to receive something from the estate of a deceased person either under a Will or where there is no Will under the intestacy rules.


C

Caveat
A notice entered at the Probate Registry which prevents the issue of a grant of administration to an estate without notice to the person who has entered the caveat.
Codicil
An addition to a Will which changes the Will in some way
Conditional
No Win No Fee An agreement that no fee will be payable unless a claim is successful
Contested Probate
A dispute as to the validity of a Will


D

Deed of Variation
A document that varies by agreement between beneficiaries either the Will or an inheritance under the intestacy rules.
Discounted Fee Arrangement
An agreement to accept a reduced fee unless the claim is successful in which case the usual fee applies.


E

Estate
All the property of a person who has died
Executor
A person appointed by a Will to administer the estate of a deceased


G

Grant of Representation
A document issued by the Probate Registry which authorises executors or administrators to administer an estate.


I

Inheritance Act Claim
A claim under the 1975 Inheritance (Provision for Family and Dependants) Act 1975
Intestate/Intestacy
Dying without leaving a valid Will
Intestacy Rules
Legal Rules governing the division of an estate when someone dies without leaving a valid Will


L

Letters of Administration
A grant of representation to administer an estate where there is no Will or no executor willing to prove the Will


M

Mental Capacity

Mental capacity is the ability to make a decision.

This includes the ability to make a decision that affects daily life – such as when to get up, what to wear or whether to go to the doctor when feeling ill – as well as more serious or significant decisions.

It also refers to a person’s ability to make a decision that may have legal consequences – for them or others. Examples include agreeing to have medical treatment, buying goods or making a will.

A person is unable to make a decision if they cannot:

  • understand the information relevant to the decision,
  • retain that information,
  • use or weigh that information as part of the process of making the decision, or
  • communicate the decision.


P

Personal Representative
The person who is dealing with the administration under a grant of representation.
Probate
The Grant of Representation issued by the Probate Registry "proving" a Will as valid
Probate Registry
A branch of the court which issues grants of administration to the estates of deceased persons.


S

Standing Search
A search of the Probate Registry to discover if a grant of representation has been issued in respect of the estate of a deceased person.
A B C D E G I L M P S

 

Paying for your Claim

The team at Dispute a Will strive to offer clarity and are transparent regarding the charges for our service.

Dispute a Will do not charge to process your enquiry.This means that by making an enquiry you will know:

Free of Charge whether, on the basis of the information that you have provided to us, we consider that you have a claim and if it is a claim that we are prepared to advise in connection with. If Dispute a Will consider that you have a claim, there is no obligation upon you to pursue that claim at all or via Dispute a Will.

Free of Charge the cost consequences (i.e. your potential overall exposure to cost) and provide an initial cost estimate.

Your Cost v Your Benefit

One of the key considerations that Dispute a Will has regard to when considering whether to handle your claim is not only the nature of the claim but also whether the benefit to you of pursuing the claim outweighs the possible cost to you.

Our service promise to you is that we will advise, on the basis of the information provided by you, from the outset if we consider that the cost of pursuing a claim is likely to be disproportionate i.e. whether the benefit to you might not exceed our costs. The costs of your opponent will be unknown to us but we also give consideration to these costs, in relation to the estate as a whole and throughout the advice provided to you.

Dispute a Will – Our Service

Our solicitors are specialised in this area of law and we usually charge on an hourly rate basis. Whilst it is possible to determine relatively quickly whether or not you have a claim, it normally takes at least 5 hours (and sometimes considerably longer!) for a solicitor to fully consider the merits of your case, and that is if all of the information is readily available. Often we need to make enquiries to obtain information that you might not have to hand.

At Dispute a Will, we refer to this part of handling your case as the “investigative stage” and and once we have determined whether or not you have a claim we will estimate our costs of investigation and discuss with you how this might be funded by you.

If you are successful in your case, this amount may be recoverable from the other side although it is less likely that the whole amount will be recoverable.

Funding Options

To assist we can offer you a variety of arrangements, not least because we understand that sometimes clients are unable to pay for a claim from their own resources.

Initially, it is important that you check whether or not you have insurance cover for legal expenses. Often legal expenses insurance is added on to standard Buildings or Contents insurance arrangements and you should check your policies.

You may wish to consider a third party funding arrangement via your bank or your credit card or some specialist legal fee funders we know of.

If you do not have legal expenses insurance but we are satisfied that you have a valid claim then we may be prepared to offer a discounted risk sharing arrangement. Whether or not we can offer that arrangement will be determined after the investigative stage has concluded. We can discuss the terms of this arrangement with you from the outset but make no guarantee to take on a case on this basis.

We recommend that you consult a financial advisor when considering how best to finance any claim you may wish to bring.

Dispute a Will are flexible and willing to find a solution that will allow you to pursue your claim. Furthermore in most cases where you are successful you will obtain an order that your costs are paid by the losing party. Whilst this may not cover the entirety of your costs it will go a long way towards meeting your liability.

In every case we are prepared to work to an available budget and we always provide a detailed estimate of fees. Furthermore at the outset we are always prepared to provide an initial view entirely free of charge.

For further advice and help please do contact Dispute a Will on 0800 975 2166 or email vie the contact page.

Who We Are

Who we areDispute a Will are specialists in dealing with Contested Probate and Inheritance Act claims.

Dispute a Will understand the needs of our clients and appreciate the sensitive situation you find yourself in.

The reality is that whilst a claim is brought against an estate it will become a dispute between family members and/or other competing beneficiaries. It will therefore add to your burden at an extremely difficult time when you or others are trying to come to terms with the loss of a loved one.

Our aim is therefore to support you in an effort to make the claim process as straightforward as possible.

Our team comprises Nick Stotesbury and Sarah Arnold both of whom specialise in Contested Probate and Inheritance Act Claims. Nick is a member of STEP (the Society of Trust and Probate Practitioners) whilst Sarah has completed the Association of Contentious Trusts and Probate Specialists (ACTAPS) diploma.

For further advice and help please do contact Dispute A Will 0800 9752166 or email vie the contact page

Call Us Free On 0800 975 2166