Wills and Probate Disputes

It is widely reported in the press that levels of litigation concerning Wills (or the absence of them) are on the increase. That certainly seems to be our experience. Most claims can be avoided through the preparation of a sensible and straight forward professionally drawn Will. Where however litigation does result, then this is usually as a result of one or more of the following:-

  • No or no reasonable financial provision having been made to a spouse, child or dependant (and a claim is brought under the Inheritance (Provision for Family and Dependants) Act 1975).
  • There is a dispute as to whether a person making a Will had the necessary testamentary capacity.
  • There are allegations that a person making a Will was under some duress or undue influence so as to be pressurised to make a particular Will.
  • That a person making a Will failed to have full knowledge and approval of its contents.
  • That a Will needs to be rectified so as to reflect the true intention of the person that had made it.

We are experienced and very happy to assist in taking/defending legal proceedings in the above circumstances and in most cases we would be prepared to offer an initial free interview to assess the initial prospects of success.

For more information please contact Simon Scott (01553 778101, simon.scott@mcp-law.co.uk).