Here’s how McKeag & Co can help you dispute the will of a loved one
MCKEAG & CO SOLICITORS ARE ON HAND TO HELP YOU IF HAVE A DISPUTE ABOUT THE WILL OF A LOVED ONE
LOSING a loved one of the hardest things someone can face in their lives. Aside from the emotional difficulties that come with it, there can also be issues with how the deceased’s estate and belongings are dealt with after their death.
Problems can arise when family members are not happy with how the deceased’s will was interpreted, what the value of their assets came to, or even falling outs between the beneficiaries.
Disputes over these issues are known as contentious probate. Some of the common grounds for raising a contentious probate claim are that undue influence was exerted over the deceased when they made the will, or that the will was not properly executed.
Sarah Kerr, Solicitor Advocate and Head of Contentious Probate at McKeag & Co. LLP said: “Finding yourself in a position of having to contest a will, or becoming embroiled in a family dispute about the terms of the will, can be an extremely difficult thing to deal with at such an emotive time. Having a Solicitor fight your case takes the pressure off.”
WHAT A CONTENTIOUS PROBATE COVERS
Sarah goes onto say that there are different types of disputes than can fall under the contentious probate umbrella, which include:
• Contesting a will, for both
the person contesting the will or the one defending the challenge.
• Inheritance Disputes and
claims for reasonable financial provision under the Inheritance Act – where you have been left nothing under a will or have been left something you consider too little. You might also find yourself in the position of having to defend this sort of claim.
• Challenging or defending
the validity of a will due to lack of capacity, undue influence/ duress or lack of knowledge.
• Mutual will claims – where
someone has made a will then changes it, causing you to lose out because of this, and it is said they cannot make this change or you find yourself in the position of having to defend such a claim.
• Proprietary estoppel and
constructive trust claims – where it is said that someone has promised you something and holds property for your benefit, or where you find yourself in the position of having to defend such a claim.
• Trust disputes – where
there is a dispute about a trust and its terms or how it is being administered.
• Alternative dispute
resolution and/ or negotiation – Avoiding court where possible, and helping you to find less expensive and less confrontational means to resolve a dispute.
There have been many
different cases that Sarah was successful in helping facilitate during her time at Mckeag & Co, including successfully obtaining a significant proportion of an estate mainly consisting of a farm in Wales for a daughter of the deceased who had been excluded in their will.
Sarah has also helped a spouse who had been excluded in her deceased’s spouse’s will to obtain a sizable portion of the estate, which included property in India.
AN INCREASE IN CONTENTIOUS PROBATE CASES
Since 2019, there has been a significant rise in the number of contentious probate cases being brought forward.
There was a 50% increase between 2018 and 2019 and the trend is expected to continue.
One suggested reason for the increase is that more people are aware that they can challenge the terms of a will. This could be due to more and more cases being reported in social media, so when someone believes that they have been treated unfairly under the terms of a will, they now know that there is a chance that they can do something about it.
HOW TO CONTEST A WILL WITH MCKEAG & CO
Sarah recommends that if you find yourself in this sort of situation that you speak to a solicitor as soon as possible. Sarah said: “At Mckeag & Co we offer no win no fee funding agreements in most cases, so you pay nothing if you lose.”
Sarah also advises that you bear in mind that there are different time limits depending on the type of dispute, so it is important that you consult a Solicitor as soon as possible.
If you have a dispute about a will contact MckKeag & Co. There are various ways in which you can do so: by email to enquiries@McKeagandco.com, by telephone on 0191 213 1010, or by visiting their website for more information.
I saw this dinky machine at Goodwood the other week and thought it was rather cool. It’s called the SOLO and is made by Canadian company ElectraMeccanica.
As its name suggests, the vehicle is a single-seater and from the company name you will have already surmised that it’s electric. A range of up to 100 miles will be possible, with a top speed of 80mph. The SOLO – which resembles an Isetta bubble car – should be coming to the UK some time next year.
In the US it costs $18,500 so I’d guess at a price here of around £15,000 depending on exchange rates.