Mark Stubberfield
Mark Stubberfield
Regional Partner, Head of Court of Protection

If you are planning for yourself and your family you need to know your wishes will be carried out as you intend. If you are handling the Estate of another, you need to know where you stand as regards their wishes

Whatever you are going through it is likely to be difficult, stressful and emotional.  We can help ensure that your decisions and wishes are watertight, leaving you free to move forward.  You can talk to us in the strictest confidence and we will work with you closely and sympathetically.

 

There are various grounds which can be used to challenge the validity of a Will. However, before the Court will look at those grounds you need to overcome an initial hurdle which is to prove that you are in a class of “disappointed beneficiary” who has suffered a loss as a result of the last Will.

The First Hurdle - a Disappointed Beneficiary

A “disappointed beneficiary” is someone who received more under an earlier Will than under the last Will or someone who would have benefitted under the intestacy rules if the last Will had not been executed and the deceased had therefore been deemed to have died intestate.

If you benefit under an earlier Will but it is not the Will which immediately pre-dates the last Will then you would need to successfully challenge more than one Will in order to get back to the position where “your Will” would be declared the last valid Will and be put through probate. It can be hard to succeed upon a claim against one Will so a claim against more than one Will is even more difficult, however in order for us to assess whether your claim is one worth pursuing then call or email us today for your FREE CASE REVIEW.

While it is stressful to write one, it is far worse not to write one, and worse still to write a bad one

We can ensure that your wishes are properly laid out and appropriately carried out.  You can talk to us in the strictest confidence, and we will work with you closely and sympathetically.   We can bring our extensive experience and our collaborative work approach to make sure you and your loved ones have peace of mind.

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