Will Disputes
types of dispute

Wills can be tricky things, and disputing them unpleasant;
resolution is a necessary and rewarding step.

Inheritance Act:
Disputes in this field can come about through intestacy (if a will has not been made), if somebody has been left out of a Will, unfairly or mistakenly, or if a dependent has not been given adequate provision. Rebecca’s familiarity with the Act will make sure that disputes over inheritance can be dealt with professionalism and sensitivity.

Capacity:
There are many things that can affect a person’s capacity to make a Will. A testator must be aware of the meaning and effect of
their Will, the worth of their property and what it consists of, and who stand to be beneficiaries of the Will. Whether it is through an illness
such as dementia, a mental disease, a capacity-restricting condition or illness such as a stroke, or due to trauma resulting
from an accident or injury, a testator’s ability to make the requisite decisions concerning their Will can become impaired and in this case
legal expertise may need to be called upon. Any family members or beneficiaries finding themselves in such circumstances will already be
dealing with a lot and Rebecca will be available to step in and advise on what can be done.

Intention:
It is imperative that a testator knew and approved the contents of their Will. This requirement by law is ratified by the signature of the testator or person nominated by the testator to sign the Will on their behalf. If the testator has been unable to write or read the Will for whatever reason, it has to be have been witnessed that the Will was read to them and that they approved each of its clauses and stipulations.

If the intentions of a will are disputed, due perhaps to doubts having arisen over the clarity of its clauses, or over legibility of handwriting, Rebecca can advise and assist in such matters.

Signatures and Witnesses:
To execute a Will correctly, it must be witnessed by two impartial persons (e.g., not family members), and it must be
signed by the testator themselves and by the two witnesses. A Will may be invalid and open to dispute if any of these requirements are
not met.

Forgery:
Occasionally, foul play can come into a Will dispute. If it is suspected that a Will may have been meddled with, has been forged or is
fraudulent, Rebecca can assist in the matter and approach third-party specialists if necessary.

Duress:
If it is suspected that a Will was written under duress– that is, under the influence of an interested party who could stand to gain from the manipulation of the testator’s wishes – Rebecca will be able to advise about the options available in challenging such a Will.

If you feel that any of these scenarios relate to your own circumstances, feel free to get in contact with Rebecca on: 01905 726 600

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