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Month: April 2019

What Are Contesting A Will Costs?

Posted on by Jonny

Contesting a will costs can put a financial strain on families and the beneficiaries choosing to contest the will. Therefore, it is essential to understand the costs involved in challenging a will before you decide to proceed. It will prepare you for every possible eventuality.

Contesting a Will Costs

When considering the cost of a probate dispute, you must understand that any form of court litigation can be expensive. Challenging probate is no exception. In fact, the costs are often extremely extensive due to the length and nature of the working process. It could be amplified by whether the parties are open to negotiations. Negotiation, by nature, keeps expenses down by avoiding court, seeking the availability of evidence, and the number of beneficiaries the case involves.

Expenses can range from the cost of lawyers and solicitors, court costs, the need for disbursements such as medical records and fees of a handwriting expert and other personnel. Who pays the costs of the court and other legalities is the judge’s decision when the case goes to trial. Furthermore, they will also decide the amount that each party will pay the other. Not to mention how much the successful parties will claim from the testator’s estate.

How Much Are Contesting a Will Costs?

Although it is difficult to predict the exact amount, costs can be incredibly high. In short, the largest even equal the value of the entire estate if the legal battle is particularly lengthy. The costs also increase if the case goes to court rather than in the negotiation phase of proceedings.

If you believe you’ll struggle to pay the expenses, you can apply for legal aid or legal loans. There are also options such as Legal Expenses Insurance. Many solicitors will also have no win, no fee arrangements in place to protect you in the event of an unsuccessful case.

Who Pays to Contest a Will?

In these cases, the losing party may face contesting a will costs. Although the unsuccessful party pays the winning beneficiary’s costs, money from the estate sometimes covers legal expenses. This is the case if the testator is the cause of the court challenge. In these cases, the estate effectively balances the costs of contesting the will.

However, if the will faces investigation, the party that creates them might pay them. If these two exceptions don’t stand, the probate challenger pays the legal costs. Please know that these may exceed the value of the estate.

With more families going to court over inheritance, understand that legal battle costs are extremely extensive and unpredictable. The nature of probate challenges ensures that the cost of bringing a will to court is extremely variable and depends on a number of factors, such as whether the testator is at fault, who is the unsuccessful party and whether your case reached court after negotiations. However, with this guide, you will be able to predict adverse financial situations and assess the risks accordingly.

What Factors Go Into Challenging a Will?

Posted on by Jonny

So what factors for challenging a will can affect your case?

If you’re an upset beneficiary or believe you have grounds to contest a will, you need to know. Because the results can be concerning and difficult to organise if you do not have the correct advice and knowledge behind you.

However, this guide will enable you to understand the basics of challenging a will. Moreover, you’ll know what to do if the unfortunate circumstances arise that force you to do this.

Factors for Challenging a Will

Certain will challenging factors involve specific grounds. The four legal grounds for contesting a will include:

  • Undue influence: The testator was influenced by a beneficiary or on a beneficiaries’ behalf to change the will in their favour. Or they influence the testator to believe ill of another beneficiary. Sudden changes to the will can often prove this.
  • Lack of capacity: The testator lacks the necessary capacity to understand or know the document they were signing. It can be due to illnesses such as dementia, or even as simple as the testator being deaf on signing the will.
  • An invalid will: The will may be invalid if the signature is not valid. Or if there were no witnesses to the signing of the will.
  • Forgery: All or part of the will may have been forged, for instance, the signature. Forgery even includes cases in which the original will has been lost or replaced unnecessarily.

However, you may also be able to challenge a will:

  • If you were a beneficiary in a previous will.
  • Or if you were financially dependent on the testator and provision was not made for you and your family.
  • You can also challenge executor of the will if you believe that they have been mismanaging the estate in the testator’s name.

How to Challenge a Will

You should seek immediate legal advice from a lawyer as to whether your evidence is strong enough to file an official claim, and they can also give you legal advice on the best way to enact this. Then, you should file a complaint to the probate court before the correct time limits, which can be between six months and 12 years depending on your circumstances and the nature of your claim.

Who can Challenge a Will?

Spouses can challenge the will, as well as former spouse or a partner who has been co-inhabiting with the testator for at least two years.

You can also contest a will if you are a:

  • blood relation;
  • someone considered a relation by the testator, such as an adoptee;
  • beneficiary;
  • a beneficiary in a previous will;
  • someone who has reason to believe that the testator promised them a gift before their passing.

You can also challenge the will if you’re a disinherited heir or relation. For instance, as a sibling or child, as you may still have legal claims over their property and possessions in these cases.

Please note that challenging a will can be a distressing time for families. However, there exist many grounds to contest a will if you are a relation or have reason to believe that the will is not valid.

4 Easy Tips For Understanding Trust Disputes

Posted on by Jonny

Below are some helpful trust dispute tips you should understand. Here’s a bonus tip. Within a family or close relations, it’s difficult to resolve trust grievances without professional guidance. In addition, disputes add stress when you don’t have a full understanding on the full extent of the situation. The following guide helps you determine what the trust dispute is about, and the ways to find a sensible solution.

1. Understand the Grounds for Dispute

When it comes to trust dispute tips, remember that a dispute can begin between trustees for many different reasons. Ultimately, caring for the contents until the beneficiaries reach the age or date in which they may receive the contents. Common grounds for a dispute include problems with trust administration. Also, the addition or removal of a trustee, or issues concerning the trust’s contents. However, the most significant grounds for disputes concern a breach of trust. These happen for many reasons. Such as if a beneficiary gifts a trustee’s assets not meant to receive. Or if a trustee invests the assets without authorisation. Alternatively, if a trustee is not acting impartially.

Trust Dispute Tips #1:

Do your homework and learn what the grounds are for a dispute.

2. Know the Time Limits of Disputing a Trust

When a trust dispute occurs, and you wish to make a claim, there are time limits that you must ensure that you make a claim within. This ‘limitation period’ of time is usually six years from the conduct of a breach of trust. A time limit receives an extension in the case of fraud. After this, your claims will not be valid.

Trust Dispute Tips #2:

You have a six year time limit to make a claim within. But don’t put it off.

3. Understand the Actions that Can be Taken

When you are in the middle of trust disputes, start by seeking legal advice to:

  • Establish your case, and;
  • Discuss your options.

Your trust dispute solicitors may suggest setting the trust aside, which can occur if the trust is found to be invalid. In summary, this can happen for a number of reasons.

  • If the trust is in place of a will.
  • When there has been a breach of trust by trustees or other protectors.
  • Wherein the trust has no legally appointed trustees.
  • Finally, if the trust intends to defraud creditors.

You may then be able to apply to the court to sort out the disputed trusts and, in court, they can help you to remove or replace trustees.

Trust Dispute Tips #3:

You have a six year time limit to make a claim within. But don’t put it off.

4. Try Mediation First

However, applications to court can be long and arduous, not to mention extremely costly. So it’s vital that you attempt to solve the dispute through other options before settling on a court application. With the number of trust disputes at a 43% high, one of the best methods to solve trust disputes is to attempt trust dispute mediation. All parties in the dispute can discuss their options with a professional mediator (without bias).

That mediator can prompt you to consider your options and guide you to a solution. Therefore, when in the middle of family trust disputes, you should ensure that you have detailed knowledge of the best ways to solve the case outside of court, as this will ensure that you are able to maintain good relations with your family and solve problems as quickly as possible.

Trust Dispute Tips #4:

Above all else, consider resolving it out of court through mediation.

A Mini-Guide to Contesting Probate

Posted on by Jonny

Below is a short contesting probate guide. But first, we offer a brief summary of why it matters so much.

Contesting a will can be a daunting and emotionally difficult time for all parties concerned. If you are displeased with the results of a will, you will want to contest probate. However, before you contest a will, there is a certain amount of information that you should know to ensure that you have the best chance of success.

Can Someone Contest a Probate?

You cannot, as a guide to contesting probate, do so simply because you are unhappy with a result. However, your concerns may fall into one of four main categories. Categories, in fact, as grounds for challenging wills. These include the following examples.

  • Lack of testamentary capacity.
  • Undue influence.
  • Forgery or fraudulent wills.
  • The will is invalid.

You may also be able to contest the will if a lack of financial provision goes to a dependant. You can also contest probate if you have been disinherited and have evidence to suggest that you are the heir of the testator’s estate.

Contesting Probate: A Guide

You should file a probate contest to the probate court before the necessary contesting probate time limits. You should file a probate contest up to six months after the probate is granted if you are a filing under the Inheritance Act. However, some grounds allow you to file a contest up to 12 years after the probate.

You should include information such as your relationship to the testator and the grounds you are contesting under. You should also seek legal advice from a lawyer, who can suggest what evidence you may need, advise you on whether you have a strong claim against the current will, and discuss with you the best course of action to establish your claim.

What happens next?

The claims process can take up to a year, and complicated cases can take up to two. Firstly, a solicitor will check if you have grounds to contest the will legally. Moreover, they may take out a caveat to stop the distribution of any of the will’s contents during the duration of the claims process. These last for six months and can be extended for an additional six months if necessary, and if your claims have not been resolved.

Then, mediation and negotiation may be employed in an attempt to prevent the case from going to court. During this, both parties will meet under the supervision of an advisory and unbiased third party who can encourage both parties to discuss their options.

Contesting Probate: Guide to Going to Court

Supposing the claim does not find a resolution. In that case, we’ll go to court, where both parties will give information and a judge will

  • Weigh up the evidence.
  • Decide the successful party.
  • Determine who will pay for the court costs.

Supposing your court case succeeds, the necessary claim’s amounts come from the court according to their judgement.

Regardless, the contesting probate process can be confusing and misleading. However, seeking probate advice and gathering evidence to support your case can clear certain aspects up. Because there’s no reason why your case won’t reach settlement without going to court or causing the least impact necessary to your daily life.

What is Litigation? How Does It Affect You?

Posted on by Jonny

So: what is litigation, exactly. In the world of law, there are a lot of different words that spring up from cases and regulations. To the layperson, these can make the proceedings incredibly difficult to follow. The law is an accumulation of over hundreds of years and takes specialist knowledge to successfully work through.

That is why if you want to make a claim or force someone to do something legally, you’ll need to hire a lawyer. The process the lawyer will go through for your case is the litigation process.

What is Litigation?

As we say, litigation is, in fact, a process. It has also been referred to as dispute resolution, which might help you understand more of what litigation is. In essence, litigation can help a client resolve a dispute they have within the bounds of the law. If you are a landlord who wishes to evict a tenant, then you will need to use litigation to do it.

The same applies if you wanted to pursue legal action against an organisation or business. It applies to any commercial transaction. Litigation can cover contract issues, fraud complains, mergers, and so much more.

It is not just a lawsuit.

What is the Difference Between This and Lawsuit?

A lawsuit is part of a litigation, but the latter does not always mean there will be a lawsuit. In fact, we resolve many issues without the need for a lawsuit. Instead, simple threatening legal action does the job.

Why Would You Need Litigation?

Litigation refers to the entire process a lawyer will go through to help you reach your goals. Again, most litigations don’t involve a courtroom trial, as most reach settlement first. Even if a trial does occur, appeals can be made. In turn, that’s why there is the post-trial litigation process.

What are the Steps of a Litigation?

There are several steps with this type of court action, which we list below.

Litigation Before Lawsuit

When you hire a litigator, you open up a case. This step is key, as it allows the lawyer to collect or to look at the evidence. They will collect enough evidence to compel the party to comply with the plaintiff’s demands.

Pre-Suit Negotiation

The next step will be to create a demand letter. This letter attempts to convince the defendant to comply with the plaintiff’s demands. For example, it could demand the defendant pay an invoice in full. The benefits of settling it before a lawsuit goes forth are monetary: in short, lawsuits are costly for both sides.

Alternative Dispute Resolution

The next step before a full-blown lawsuit is Alternative Dispute Resolution (ADR). An ADR takes place in front of an independent attorney or a panel. It is much cheaper than a trial. The mediator will then work out a settlement.

The Lawsuit

The next step, if the issue hasn’t been resolved, is the lawsuit.

Discovery

Once a lawsuit is filed the discovery period begins, where both parties exchange evidence.

Motion Practice

This is an attempt to forgo the trial. The issue can be settled within the court.

Trial

If that doesn’t work, the case is taken to trial.

Post-Trial Litigation

Trial decisions can be appealed, so this bit is essential to officially close the case.

Understanding the Laws Surrounding Wills

Posted on by Jonny

The best thing you can do for your loved ones is to create a last will and testament. This is the only way to ensure that the people who matter most to you get what you want to give them. But what of the true understanding of the laws surrounding wills?

Fact is, if you do not write one, your estate and belongings will be divvied up according to the court. If you want to give one child your home, you need a will to explicitly say so.

It is ideal for those who have children to have a last will and testament drawn up immediately. In turn, this reduces the number of will disputes and to ensure your wishes are kept. Though you can do this on your own, to ensure its legality you will want to hire a solicitor to have this done for you. You can then pay for a service so they keep your will in a safe location until the time comes.

What is the Last Will and Testament?

The last will and testament is a legally binding document. In short, it explains how you wish your estate to be divided among family, friends and others. Usually, only after the settlement of all debts will assets be given out. Therefore, be sure to accounts for costs first.

What Happens if There is No Will?

If there is no will then it is the government who decides on who gets what. For example, if the late party’s assets total less than £250,000, then the entire amount goes to the surviving spouse or civil partner. If it is more than £250,000, then the spouse or civil partner will receive money, and the surviving children will receive a share of the estate. Siblings, however, can get a share of the estate.

What Happens if There Are Multiple Wills?

There are multiple wills only because the deceased created updated versions. Unless there is a reason to doubt the testamentary capacity at the time of the final will, the last version is the one that will be used.

What Does a Will Need to be Binding?

The laws surrounding wills and testaments dictate that there are a few necessary matters that make them legally binding. Creating a will on your own does not automatically make it legally binding, which is why all wills need:

  1. Testamentary Capacity of the testator.
  2. Proof that the will’s signing comes without duress or mistake.
  3. The signing of the will comes with valid witnesses who co-sign.
  4. Must take place through a proper ceremony.

Testamentary Capacity refers to the frame of mind that the deceased was in at the time of making the will. They must know that they are updating their will, know the full extent of their estate, understand what they want. Also, they cannot be coerced to update their will in any way.

How to Contest a Will

Contesting a will is possible if you are a spouse, child, or live with the deceased. Challenging a will is also possible if you have been named in the will. If the deceased was not in the right frame of mind or not well enough to contest a will, a previous edition might be used. There might have been issues with the execution as well, or you might have proof that the will was created fraudulently or under coercion.

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