Approach to costs
Solicitors at Humphreys & Co. always aim to approach
legal work in a financially-disciplined way. We offer
competitive rates. Our charging approach is both transparent
and geared to the options open to our clients. Our
solicitors generally charge by reference to time spent but
we can often agree fixed fees for specific work or in some
cases risk-adjusted funding structures.
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Send us a summary of your circumstances and objectives for a quick response. |
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Wills & probate
representation
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Solicitors
contesting will bequests, contesting wills,
challenging inheritances and representing
beneficiaries
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The last will
and testament need not be the last
word...
You have to cope with
the death of a loved one but you do not necessarily
have to accept an unfair will, or suffer because no
will has been found.
A person can distribute their estate as they choose in their will.
However, sometimes provisions made in the will can be disputed after
death in a process commonly referred to as challenging or contesting a
will. If you are concerned as to your entitlement under a will we may be
able to help you on a no win no fee basis.
Our specialist
solicitors have extensive experience of handling a
wide variety of contentious probate claims. Some of
our recent work includes:
- Acting for claimants, executors and
beneficiaries in claims under the Inheritance
(Provision for Family and Dependants) Act 1975)
- Securing a settlement for a nephew of
the deceased aunt who had promised her house to him
but had instead left it to her partner
- On behalf of the main beneficiary
defending claims made against a will as a result of
a relative refusing to testify as to the validity of
a will
- Securing a declaration by consent of
an earlier “shredded” will
- Securing revocation of a grant of
probate through an order by consent that a later
will was invalid as it had not been properly
executed and that an earlier will should be admitted
to probate
- Securing a financial settlement for a
disappointed beneficiary through formal mediation
based on concerns relating to a lack of testamentary
capacity and the presence of a valid Inheritance Act
claim
- Obtaining a declaration for the
members of the deceased’s wife’s family following
contested court proceedings that the deceased’s
estate should be administered according to the
trusts of a previous “mutual” will made in the same
terms as those of his late wife and not according to
a later will giving his estate to the deceased’s
family
- Investigation of claims relating to
lack of testamentary capacity
- Investigation of claims relating to
undue influence
- Investigation of claims relating to a
“missing” will
- Proprietary estoppel claims
- Claims based on constructive trusts
- Claims against
executors/administrators for breach of trust
- Professional negligence claims
against solicitors arising out of the preparation
and execution of wills and the administration of
estates
For an initial assessment of
whether or not you may have a viable claim, contact
one of our
inheritance disputes lawyers or fill in our questionnaire.
We can also
discuss our fixed-charge funding options, including
Conditional Fee Agreements ("no win, no fee" funding).
CFAs are not means tested.
Contesting a will: the
available options
There are 3 main grounds
upon which wills are commonly
contested, as set out below. Bear
in mind that strict
time limits apply to contested
wills, so it is prudent to act
quickly. In order to preserve
all available remedies, contact
a specialist solicitor without
delay.
Even if a will cannot be
challenged using the grounds
below, it may nevertheless be
possible to change its terms with
a deed of variation.
It will be necessary to first
obtain the agreement of all
parties to be affected by the
change.
1. Invalid: It
does not comply with the
applicable law
The court may set aside a will for
formal
invalidity if it was not
properly signed or witnessed.
The court may also
set aside a will if the Deceased's
condition meant that they
were not competent to make a will
and/or they may not have
understood or approved its terms.
This is particularly so if the
will was made shortly before
death.
A will must reflect the free
informed wishes of the Deceased.
If someone bullied or tricked
them into making a will (or
changing their existing will) in
terms that did not reflect their
true wishes, the court may set it
aside.
2.
Ineffective: It does not reflect
the Deceased's intentions
The court may be
prepared to enforce, in whole or
in part, prior
agreeements and promises
made by the Deceased as to how
they would leave their property.
The court will be prepared to
correct an obvious mistake in
some cases.
3. Inheritance
Act: It does not provide for
everyone it should
If a valid will (or
the intestacy rules which
apply where no will has been
found) does not make
reasonable financial provision
for you, you may be able to
make an Inheritance Act claim.
Such a claim can be made by,
among others, former spouses
and civil partners, some
partners, children (including
adult children) and
dependants. Time
limits apply.
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We offer an initial analysis of your
claim with options and recommendations for a fixed charge
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Get a specialist
assessment of your real inheritance rights
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Some key bits of law
on contested wills
"It is
essential that a testator shall understand
the nature of the act and its effects; shall
understand the extent of the property of which
he is disposing; and shall be able to comprehend
and appreciate the claims to which he ought to
give effect, and; with a view to the latter
object, that no disorder of mind shall
poison his affections, pervert his sense of
right or pervert the exercise of his natural
faculties; that no insane delusions
shall influence his mind in disposing of his
property and bring about a disposal of it which
if his mind had been sound, would not have been
made."
Banks v Goodfellow
[1870]
"If
a will is duly executed and the testator
has testamentary capacity……… the court
will presume in the absence of other
evidence that the testator knew and approved the contents of the will,
unless the circumstances are such as to
excite the suspicion of the court. If
such circumstances exist, the burden
lies on those seeking to prove the will to establish affirmatively, on the
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balance of probabilities, that the
testator knew and approved the
contents of the will: Fuller v
Strum [2002] 1 WLR 1097 at paras 32-34 (Peter
Gibson LJ), 64-72 (Chadwick LJ), 77-78 (Longmore
LJ). In these circumstances, the task of the
court is to assess the evidence and reach its
conclusion, on the balance of probabilities.
"Where a will has been duly executed by a
deceased of testamentary capacity who knew that
he was making a will and is shown to have known
and approved of a specific part of the will, the
court must consider how real is the possibility
that the deceased did not know and approve of
the remainder of the will and that requires a
careful examination of all the circumstances
including the directions and dispositions of the
will."
"The question is whether the court is satisfied
that the contents do truly represent the
testator's testamentary intentions."
Fuller v Strum [2002]
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What our clients say about us:
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"Thank you for
your response to my email. I am amazed by the
speed wth which you were able to establish a
legal basis on which to defend my father's Will.
I now need to gain some control over the course
of events."
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"We were impressed
by your speedy reply to my enquiry yesterday and
even more by your phone call to me later in the
afternoon."
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"Thank you for the
personal support you had given to us all when we
had to attend court last week. You were a
tremendous help at a stressful time."
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"I do value the
overall professionalism and personal manner in
which the firm has looked after this case for
me. Thank you for all of the support and
guidance together with pragmatism, it has all
helped."
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"I would like to
thank you both for your assistance in this
matter and put on record my appreciation for the
quality of your advice and the way in which it
has been very clearly articulated, I would not
hesistate in recommending your firm to anyone
else."
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"Fantastic news
that Humphreys and Co won our case for us.
Please pass on my profuse gratitude to Philip
Siddons for all of his efforts on this
one. And many thanks to you too for all
your work."
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"I would like to take this opportunity to personally thank yourself and
your colleagues at Humphreys & Co. for all the work, help and
kindness you have shown for J over what have been three difficult and
traumatic years, and also Mr. C who represented at the mediation last
November, for whom J has very high regards. Thanks to this help she is
now returning to the woman I know and remember before these difficult
past years". (Staffordshire)
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Accessibility
We take instructions from UK & international clients. Our independent lawyers are available by email, telephone & fax. With central Bristol offices we are just 90 minutes from London by road or rail and 15 minutes from Bristol International Airport. We can travel to meetings if required.
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Independent approach
We are an independent professional law firm here, not a legal factory turning out mass-produced products. In our experience, determined case-handling is more likely to produce effective results.
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Turnaround time
Solicitors at Humphreys & Co. look to input not only
careful legal work and precision but also the determination
to keep matters moving. They aim to work in clients' real
interests with energy and pragmatism.
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Communication skills
Solicitors at Humphreys & Co. always try to open up the
legal process by giving advice and explaining options to
clients in a concise and straightforward way, identifying
clear courses of action whatever the technical or legal
complexities of the subject. |
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