Challenging Will Provisions

  • No Win, No Fee
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  • Over 13 years experience
  • Specialist solicitors
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Is This You?

  • Did a parent or other close relative leave you out of their Will entirely or otherwise fail to make reasonable financial provision for you?
  • Has a Will excluded family members but left gifts and legacies to non related people or causes?
  • Was the person who made the Will suffering from a medical condition at the time it was made which may have influenced their actions or decisions?
  • Did you fail to receive a gift that you believe you were entitled to under the terms of a Will?

If any of these apply to you, then you may have grounds for bringing a no win, no fee claim.

Call 0800 152 2620 or fill in the form today for FREE NO OBLIGATION ADVICE

Who Are We?

We are an award-winning team of solicitors who specialise in professional negligence and financial mis-selling claims. We use our many years of experience and knowledge in this area to obtain and scrutinize relevant documents from financial advisers, stockbrokers, CFD providers and other associated entities.  Using our specialist knowledge of the law of contract and negligence we identify any grounds for action. We submit written complaints, detailing every allegation and are successful in most of our cases.

How Much Am I Entitled To?

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;

Ilott v Mitson
received
£163,000

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.

When a gift you are entitled to is not received

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;

Mrs R from Devon
received
£100,000

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.

What Do We Charge?

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.

Challenging The Provisions of a Will

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.

Capacity to make a Will

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.

When a gift you are entitled to under a Will is not received

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;

  • A deceased parent or other close relative has failed to make reasonable financial provision for you in their will.
  • The person who made the Will was not of sound mind or was unduly influenced by another party at the time it was made
  • You haven’t received a gift that you were entitled to under the terms of a Will

Then we may be able to assist you in bringing a no win, no fee claim for compensation.

Call 0800 152 2620 or fill in the form today for FREE NO OBLIGATION ADVICE

FAQs

On what grounds can the provisions of a Will be challenged?

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.

 Who is the claim brought against?

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.

How much am I entitled to?

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.

What do we charge?

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.

What if my claim has already been rejected?

We will still look at this for you.

Will I have to fill out loads of paperwork?

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.

What do I do now?

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.

NO WIN, NO FEE

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Mis-selling or mis-management by a SIPP Operator?

Have you suffered financial losses on a SIPP operated by a SIPP operator? If so, then you may have grounds for bringing a No Win No Fee claim.

Some SIPP operators have entered into dealings with third party advisers who are not authorised and regulated by the Financial Conduct Authority to give pension or investment advice. This is despite their regulatory body publishing alerts and giving warnings against such actions.

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Mis-sold or mis-managed investment or pension?

  • You were sold an investment without having been properly advised of the risks
  • Your personal circumstances or attitude to risk wasn’t properly considered
  • You were sold a SIPP or poor returning annuity
  • You were advised to invest all or most of your savings into a single investment
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