We understand that will disputes can be emotionally challenging and stressful. We’re here to support and guide you through the process, ensuring that your concerns are heard, and your rights are safeguarded.
Will disputes
We offer expert guidance on a variety of issues related to wills and their interpretation, including:
- The testator’s (the individual who made the will) testamentary capacity
- Whether the testator was aware of and approved the contents of their will
- Concerns about undue influence by another person in the creation of the will
- Ensuring the will was properly signed and executed according to legal requirements
- Issues of will forgery or fraud
- Disputes over mutual wills
- Identifying and addressing potential errors or mistakes in the will
Claims relating to mistakes made in wills
When a will preparation error occurs, various claims may be available to either the executors of the estate or the beneficiaries. These mistakes can range from clerical errors to a misunderstanding of the testator’s instructions by the professional responsible for drafting the will.
Claims can also be made when a will has been improperly drafted, resulting in the meaning of one or more of the clauses being ambiguous. The court may intervene to interpret the meaning of the clause and direct the executors of the will as to how the estate should be administered.
If you believe that a will has been improperly drafted or is ambiguous, our expert contentious trusts and probate team can advise you in relation to your prospective claims or applications.
Claims to enforce promises
We offer advice to clients on claims to enforce promises (also known as estoppel claims), where a promise has been made to them — whether verbally or implied through a person’s actions—and relied upon to their detriment. The principle of estoppel ensures that if a promise is made and relied upon by one party, the other party should not be allowed to go back on their promise.
Alternatively, if you have been accused of reneging on a promise, we can help.
There are various types of estoppel claims, with proprietary estoppel – a promise relating to property – being one of the most common.
Our team has vast experience bringing and defending claims relating to will validity, will mistakes and claims to enforce promises on a variety of grounds. Our expert contentious trusts and probate team can advise you on the remedies which may be available.
Related articles:
- Undue influence in wills
- Why are will disputes increasing?
- Will validity disputes
- Mutual will disputes
- Claims relating to mistakes in wills
- Estoppel – a claim to enforce promises
Get in touch
If you require confidential advice concerning a will dispute, please contact our contentious probate solicitors at enquiries@bpcollins.co.uk or on 01753 889995.
