Inheritance Predicaments That Require Solicitors
Unfortunately, having a will does not fully remove the possibility of disputes either. Even where a will has been made, beneficiaries may sometimes feel that the assets have been divided inappropriately.
This also motivates some people to consult lawyers, to discuss and explore the various circumstances under which they might contest the validity of a will. Here are a few key examples:
- Undue Influence: In the UK, according to inheritance dispute solicitors, the most common reason for challenging a will is where it is alleged to have been made under “undue influence”. In other words, the deceased was coerced or unreasonably pressurised into signing the document. Despite this being the reason why most wills are contested, it is a very difficult thing to prove, given that the burden of proof falls on the appellant. Finding evidence compelling enough to back up the accusation can be impossible for many; but with the right professionals, it is certainly a route that can be pursued legally.
- Testamentary Capacity: Another factor that is commonly cited when a will is challenged is questioning the testamentary capacity of the testator. The will is deemed invalid if it can be proven that the deceased was unable to understand:
- The nature of making a will and its consequences;
- The extent of the property they were disposing of; and/ or
- Who had a valid reason to think they might benefit and the strength of that claim.
The law states that for a will to be ratified, the testator must “have no disorder of the mind” that might otherwise prevent them from understanding what’s right and what’s wrong, or that prevents the exercise of their natural faculties in disposing of their property.
Making an application to vary the terms of a will on these grounds will need expert lawyers for inheritance disputes, as the required approach varies on the complexity of the will; the extent of the deceased’s assets; and the claims made on the testator.
- Rectification and Construction Claims: Much like any other legally binding document, a motion to rectify any clerical errors can be made for wills. Solicitors can argue that the person in charge of drafting the document did not successfully reflect the person’s intentions. To reiterate, an inheritance solicitor’s main roles are to:
- Identify the rights you can invoke as an heir and beneficiary;
- Contest or defend the ratification of the will; and
- Provide a detailed course of action on how you can best achieve your objectives.
The outcome of inheritance cases can be life-changing, which is why we recommend individuals in need of assistance only consult the most experienced law firm they can find. With OGR Stock Denton, you can rest assured that you will be engaging quality legal services delivered in a timely fashion.
About OGR Stock Denton
We are an established law firm based in London. Active for over 50 years, our experienced solicitors have throughout this time given professional advice to both individuals and businesses on tackling legal cases of all kinds. Our areas of expertise include commercial and residential property law, employment law, family law, litigation, personal injury claims, and company and commercial work.
Our clientele ranges from start-ups and SMEs to large corporations; we have also represented overseas governments, ministers and other international organisations.
We are the lawyers of choice for many clients who are seeking an efficient and effective approach to their legal matters. We pride ourselves on fulfilling our mission: to achieve the ideal outcome as swiftly as possible.
One of the main factors contributing to our success is the value we place on effective communication. It is important to us that you have the best understanding possible of all aspects relating to your case.
This means we are committed to simplifying complex technical terms and concepts in ways our clients can easily comprehend. Moreover, our team includes legal professionals who are fluent in German, French, Spanish, Swedish, Hebrew, Hindi, Kutchi, and Gujarati, so language need be no barrier.
OGR Stock Denton Solicitor Ratings
Accredited by Lexcel and regulated by the Solicitors Regulation Authority, our discerning team of inheritance dispute lawyers can resolve issues with wills and inheritance. Our experts are some of the best in our profession, many of whom have extensive experience in taking on cases in both the West End and the City.
You can expect us to keep you fully updated throughout each stage of the procedure, working diligently within the standards and towards the goals you have set. We are driven to ensure that resolution to each matter is gained without unnecessary delays.
But you need not take our word for it; see what our clients have to say about their experiences of working with us. Find positive testimonials about our firm here.
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Are you in need of legal advice? Send us a message today at firstname.lastname@example.org or call our offices on 020 8349 0321. We look forward to helping you.