Challenging Will Provisions
- No Win, No Fee
- 17 years of experience
- 95% success rate
- Over £150 million recovered
- 1000’s of successful clients
If any of these apply to you, then you may have grounds for bringing a no win, no fee claim.
Part of Wixted & Co and established in 2001, we’ve supported thousands of clients in recovering financial losses caused by professional negligence and financial mis-selling. We are an award-winning team of experienced solicitors providing a professional yet approachable service to every client.
What sets us apart?
With 17 years of specialist expertise, we meticulously obtain and analyse key documents from financial advisers, banks, and other providers. We apply our in-depth knowledge of contract law and negligence to identify grounds for action and submit comprehensive complaints. This careful approach has resulted in successful outcomes for the vast majority of our clients.
When reasonable financial provision has not been made to family members it may be deemed unreasonable for a parent or other close family member who you rely upon financially to exclude you from their Will. In such situations, it may be possible for you challenge the contents of the Will in order to claim an amount that is reasonable in the circumstances for your future maintenance and well being. This is reflected in the following recent Court case;
Her mother died with an estate of £486,000 and she left the fully amount to charitable causes. She failed to make any provision for her daughter and only child, who was relied upon state benefits for income and lived in council owned rented accommodation.
If you feel that you did not receive a gift you were entitled to under the terms of a Will, we may be able to help you in bringing an action to recover an amount equivalent to what you should have received. This is reflected in the following matter that we are acting on;
She had been working for the same employer for many years. A Will was made by this employer which left Mrs R a sum of money, providing she was still working for her at the time of her death.
Neglect Assist can investigate and advise upon the level of loss suffered and may be able to represent you in a no win, no fee claim.
We offer an absolute and guaranteed No Win, No Fee agreement, it’s that simple. If successful, we take a fee of up to 20% (plus 4% VAT) * Of the award of compensation. If unsuccessful, our clients pay us nothing.
* We reserve the right to apply a deduction in more complex or higher risk cases of up to 30% plus VAT. Typical examples might be where there are multiple parties to claim against, where time limits for claiming may have passed or new areas of law are tested.
The distribution of a person’s property and other assets following their death is usually made in accordance with the wishes set out in that person’s Will.
There is a general principle that a person has freedom of choice over which parties should benefit in their Will, and it is often the case that someone other than a relative of the deceased will benefit in some way. For example, a monetary gift may be left to a particular cause or charity.
However, the law provides that the person making the Will should ordinarily make reasonable financial provision for any children or other direct relatives who are financially dependent on them. This principle is contained in statute law and has recently been enforced in a high level Court case.
It is therefore important that the person making the Will gives proper consideration to the financial needs of their children and other family members. A failure to do so may mean that the provisions of the Will can be challenged.
A Court has the power to alter how a deceased person’s property and assets are distributed to ensure that proper provision is made for the maintenance of children and other relatives.
A wide range of factors can be taken into account, but a recent decision has emphasised that the needs of family members should be placed above those of other non related beneficiaries. It may therefore be considered unreasonable for somebody to leave all of their money to charity while leaving nothing at all for children or other relatives.
If you feel that a Will of a parent or other close relative has failed to make proper financial provision for your maintenance and reasonable needs, we may be able to help you with a no win, no fee claim. If this applies to you, then please contact us for free advice.
A Will can only be validly made if the person making it is of sound mind and is acting without undue influence from other parties.
If a person is suffering from a recognised medical condition at the time they make their Will (for example, Alzheimer’s disease) then it may mean that the Will is invalid. This is because there is a possibility that person may have made alternative provisions in their Will had they not been suffering from the condition.
If you are concerned that a medical condition may have affected how a Will was made, or that the person who made it was influenced in any other way, then please contact us for advice and potential assistance with a No Win No Fee claim.
It is also possible for an intended beneficiary to challenge how property is distributed if they feel that the assets in the estate haven’t been divided according to the terms of the Will.
Unless a Court has expressly altered how property and assets are to be distributed, then the executors must ensure that everyone named as a beneficiary in the Will receives their entitlement.
They are unable to withhold gifts or legacies on the grounds that they believe the amount given is excessive. Similarly, they are unable to prevent a gift to a beneficiary who, for whatever reason, they personally disapprove of.
If you believe that a gift left to you in a Will has been improperly withheld, then please contact us for advice on bringing a potential no win, no fee claim.
If you feel that;
Then we may be able to assist you in bringing a no win, no fee claim for compensation.
There are several grounds upon which this is possible. The law provides that reasonable financial provision should be made in a Will for any children or other direct relatives who are financially dependent on the person making it. If this hasn’t occurred, then it may be possible to challenge the Will.
It may also be possible to challenge the provisions of a Will if the person who made it was not of sound mind or was unduly influenced by another party at the time the Will was made.
A person can also challenge how property is distributed if they feel that they haven’t received a gift which they are entitled to under the terms of the Will.
If you are concerned as to how property was distributed in a Will, then please contact us for advice and assistance.
It is standard procedure for the person making the Will to name the people they want to be responsible for administering their estate and for distributing their assets to the intended beneficiaries. Anyone acting in this capacity is known as an executor. Any potential claim will be brought against the estate and would ordinarily be responded to by the executors or their representatives.
If there has been any potential negligence in the way the Will has been drafted or executed, then it may be possible to bring a claim for professional negligence against the party who drafted the Will. A professional adviser will typically have indemnity insurance or other adequate funds to cover the cost of such claims.
If you feel that the Will of a family member has failed to make reasonable financial provision for you, it may be possible for you to claim an amount that is reasonable in the circumstances for your future maintenance and well being.
If you feel that you did not receive a gift you were entitled to under the terms of a Will, we may be able to help you in bringing action to recover an amount equivalent to what you should have received.
We can investigate and advise upon the level of loss suffered and may be able to represent you in a No Win No Fee claim.
We offer an absolute and guaranteed No Win, No Fee agreement, it’s that simple. If successful, we take a fee of up to 20% (plus 4% VAT) * Of the award of compensation. If unsuccessful, our clients pay us nothing.
* We reserve the right to apply a deduction in more complex or higher risk cases of up to 30% plus VAT. Typical examples might be where there are multiple parties to claim against, where time limits for claiming may have passed or new areas of law are tested.
We will still look at this for you.
No, we will be able to do most of the necessary paperwork for you and we can obtain any relevant documents on your behalf. You will have to check the details of your claim before it is submitted, but we will assist you with this.
Call us on 0800 152 2620 or email us. There is absolutely no obligation to proceed and if you tell us what’s happened, we will briefly explain if we think you have a claim and the procedure for filing a claim and the time limits that apply.
Lost Money in a Crypto Scam? Our No Win, No Fee Solicitors Can Help Recover Your Cryptocurrency. Trusted, Legitimate, and UK-based.
View MoreVictim of a Cryptocurrency Investment Scam? Our Expert Solicitors Can Help You Recover Your Money. No Win, No Fee. UK-Based & Fully Regulated.
View MoreIdentify if your SIPP was mis-sold, explore your compensation options, and get expert guidance to protect your financial future.
View More