Wills & Inheritance Disputes
We have experience representing individual beneficiaries, trustees, executors, and administrators, as well as claimants and defendants.
We can advise you on a wide range of claims, such as disputing the validity of a will, a lack of testamentary capacity, being left out of a will, or if the executor or trustee has not acted properly or is accused of acting improperly.
What is the cost of contesting a will?
In most cases where a Will dispute arises (typically between family members), it is best to try to resolve any disagreements amicably. Where this is not possible, court action may be the only option, but it comes at a personal and financial cost. More information is available here.
Can and should you remove an Executor from a position?
Being an Executor is a critical role, not only for ensuring that the wishes of the deceased are carried out, but also for ensuring that all of the administration associated with dealing with someone’s estate is properly managed. It is a job that is frequently given to close family and friends, who may also be significant beneficiaries. Problems can arise precisely because of these factors.
These issues sometimes necessitate legal intervention. Click here for information on removing an executor.
If you believe you have a claim because you were not or were not sufficiently included in a will, click here.
When you require immediate action, we are quick and decisive. Where more strategic input is required, we will provide you with pragmatic, thoughtful solutions to avoid a dispute or mitigate risk through clear, concise, and cost-effective advice.
Wills 4 Less – Are you Protected?
Are you looking for a reliable, professional will writing company that can assist you in your Will writing?
Wills4 Less UK is one of the finest and we ensure making your Will is simple for you; at affordable costs, including free and secure storage. As part of our objectives, we value openness, social responsibility, honesty, and caring for our clients is the core of all the services we offer.
Why Should You trust Us?
Why you should put your trust in us to handle your inheritance dispute
We are award-winning lawyers with a proven track record of success in dealing with crescatsententia.net.
This pioneering website was launched in 2007, and since then, we have successfully resolved countless crescatsententia.net issues.
Our dedicated team of experienced inheritance dispute lawyers handles cases throughout England and Wales.
We are extremely proud of our track record of success. On our Case Studies page, you can read about some of the cases we have handled.
We provide a free legal helpline as well as a case evaluation service. We also provide a variety of funding options, including deferred fees and No Win – No Fee.
All aspects of crescatsententia.net are covered, including will disputes, claims under the Inheritance Act, disputes with executors, disputes between beneficiaries, invalid wills, defending contested wills, and mistakes and errors in wills and probate.
We are SRA-regulated solicitors who have received the Law Society’s Lexcel accreditation for excellence in client care.
We provide a sensitive and understanding approach, with a focus on resolving disputes in a cost-effective and timely manner.
Our lawyers are skilled negotiators with a proven track record of achieving favourable outcomes at mediation. By selecting us to handle your inheritance dispute, you will have the peace of mind that comes from knowing your affairs are being handled by genuine specialist lawyers who are highly experienced in this niche area of law.
News & Articles
Drafting a will
As one progresses to the threshold of old age, worries and anxieties seem to grip more tightly. Not a second goes when the thought of one’s family especially children take a leave. The very thought of what will happen next clutches the person and this makes his present life a bundle of misery. However, there is a way out to all these tensions and to bathe in perfect bliss, to draft or make your Will.
Often the thought of making a will seems perturbing to people. They think that they are and will be present to settle all the monetary and other issues. But, the fact is that life is no one’s best friend. It can betray anyone at any time; it is too precarious to be trusted upon. So, one should avoid taking risks and plan a Will at the right time.
There are several merits to making a will-
• Allows you to follow your choice—whatever you have accumulated throughout your life should not at the end be at the discretion of others. You should govern the decision that who will what and how much, after all it is your money and property that you propose to be divided amongst your beneficiaries.
• Good Bye disputes—‘Money makes the Mare go’…it is right that the glimmer of wealth can make anybody blind. Most often the unplanned assets are a source of argument amongst the family members for everyone claims to maximum share of it. But if the allocation is pre decided through a Will, there is no scope for all these uninvited and execrated quarrels.
• The Veiled reaches the Safe Hands—there are certain secret riches or assets that people do not disclose even to their nearest ones during their lifetime. This can be due to many personal reasons. However, you cannot be a guard to these clandestine possessions always. So, through a will it is better to assign them to your closest ones so that they can enjoy the fruits of your prudence and sweat.
• Can replace tears with smiles—a properly formulated Will that takes care of all your near and dear ones, is certainly a delight to them. They revere and miss you all the more for you decided to fulfill their priorities and wishes even in your absence .
• Last but not the least, Wills are not just meant to benefit your survivors after your death but they can take care of your present life also like the Living Will that is a great help in case of any accident or unforeseen trouble.
The Other Key Points
• Any 18 year old or above can draft a Will. But Wills are actually meaningful in case of adults from 30 to 35 onwards.
• There are different types of Wills and so separate ways to draft them. Before formulating a Will, you should know your desires and requirements.
i) Holographic Wills- a legal document handwritten by the Testator and also signed in their hand this Will is largely meant in case of intricate family situation and huge assets.
ii) Legal Will- is that document which is signed by two witnesses and is prepared by a lawyer according to the needs of the testator.
iii) Living Wills-those that give you the opportunity to the kind of medical care and assistance in case of crisis like accident.
iv) Self –Proved Will- has certain terms and conditions forwarded by the State. This Will need not be handwritten but requires the signature of the testator along with the witnesses.
v) Ethical Wills- not a legal Will but a personal assessment of one’s values, beliefs etc. among several other things.
vi) Living Trusts
• These different Wills have respective ways to formulate them and other requirements like choosing an executor, witness, attorneys etc. once you make up your mind for the kind of Will you are looking forward depending on your interest and wishes, it is better to consult any an attorney to know its details. Draft a Will only when you are acquainted with all the particulars of it.
• Take some time to think about the beneficiaries, executor and the assets you want to be included etc. Never rush into things. Remember your carefulness is a means to your happiness.
To Will Or Not To Will, Do’s And Don’ts In Making A Will
First things first, you should have a will. Wills not only do the obvious: distribute wealth and possessions to loved ones; they also leave an impression on how carefully one has managed his or her estate especially for those left behind.
The following are things one should and should not do in making a will:
Do update your will
Everything changes. Possessions, money can increase or decrease. Estate tax laws change in a whim thanks to Congress. The IRS can just as well alter these laws depending on whose side they are on and how they interpret it. There are varying laws in each state. It is important to evaluate every major change in your life. Doing so could change your will for the better and your death a lot more peaceful.
Do name the correct executor
Executors should be ethical, honest, and efficient and be ready to give his or her service at the drop of a hat. Ensure that the potential executor has been properly briefed and that his or her consent has been received. It also helps to have one or two alternates. It is also suggested that one name an executor younger than yourself. The point is to lessen the chances of having an executor die before you do.
Do not name the same person as guardian and trustee
It helps to not name the person you entrust with your children with the same person you entrust with your money and finances. Having different people fulfill these varied responsibilities is important. It keeps the system in balance and each person doing the role he or she knows best what to do.
Do not leave too much for a spouse
Leaving money that is more than sufficient to your spouse is not a very good idea. It takes away wealth that your children should just as well have and you will not be able to monitor your finances if all of it is entrusted to your significant other. Depositing some of your financial wealth to a trust is one way to keep it growing.
Do not be too specific
Some families fight as to who gets the blender and who gets the kitchen sink. It is important to not be too detailed in your will as to who gets what. Being too specific could result in unnecessary and costly problems later on. It is advisable to entrust a group of your possessions to a person than listing down which item will go to whom. It saves time and is more efficient, reasonable and sensible.
Taking Control; Safeguarding the Distribution of Your Assets by Making A Will
The Importance of Making a Will
A valid will is one of the most important documents you could ever put your signature to, as the consequences of failing to make a will before you die can have far-reaching effects on the people you care about most. Despite the importance of this legal document, it is still the case that only 3 out of every 10 people make a will mainly due to lack of awareness as to why a Will is needed.
The 3 most important reasons why a Will should be made are;
- Simplifying Administration Process
- Intestacy & Distribution of Assets
- Inheritance Tax
1. Simplifying the Administration Process
Before a deceased person’s estate can be distributed to various individuals a grant of representation needs to be obtained from the Probate office. All assets which comprise the estate –including money in bank accounts – are frozen until this grant is confirmed. Where no will has been made the process of applying for the grant is drawn out, causing aggravated upset and anxiety for relatives and possibly acrimonious disputes and legal costs over who should deal with the estate. A valid Will resolves these problems as persons will already have been appointed by the Will – executors – to deal with the estate and can obtain the grant and begin the distribution of the assets in a minimal period of time thus saving costs, time and unnecessary distress.
2. Intestacy & Distribution of Assets
Making a Will is the only way to ensure that the people you wish to inherit from your estate actually do so. Failing to make a Will will result in the law of Intestacy being applied, and the intestacy rules will dictate who will receive what, and often this will not accord with what you would have wanted. For example;
If you are single you may want to distribute your assets amongst selected friends and family. The rules of intestacy will not take into account any relationships based on friendship, and will distribute amongst relatives only, everything passing to the State if no relatives can be found.
If you are living as cohabitees (unmarried couple) you may want your partner to derive some benefit from your estate, perhaps to remain in the family home for example. The rules of intestacy would not take your partner into account; as far as the law is concerned, you would be treated as a single person and your partner would receive nothing.
If you are married with children you might assume that your spouse would receive everything. This is not always the case, as brothers and sisters and often your children will also have a claim.
If you are a parent, you might assume that if anything were to happen to you that your closest relatives would be responsible for the care of your children. However, the matter will need to be taken to the Courts for them decide who should have custody, a process which can be very drawn out and distressing to the parties involved. This particular consequence is of vital importance if you are a single parent or unmarried couple with children. Making a Will is invaluable by appointing Guardians to be responsible for the care of your children.
Failing to make a Will leaves control over the distribution of YOUR possessions and assets in the hands of the State. Making a Will puts the control back in YOUR hands.
3. Inheritance Tax
The family home is often the main asset and with the increase in property values more and more people have been caught in the Inheritance Tax net. Failing to make a Will will result in the rules of Intestacy being applied and these will only provide for the minimum Inheritance Tax avoidance.
The UK legislation provides that assets up to the value of £275,000 are exempt from Inheritance Tax and anything over this threshold will be taxed at 40%. When you add up everything you own – including personal items etc – you may find you are worth a substantial amount of money. In addition, you might be dismayed to discover that you also be liable to pay inheritance tax!
The following table provides a breakdown of how much inheritance tax might become payable on your estate.
- Estate Value Taxable Estate IHT Tax @ 40%
- £275,000 or less 0 0
- £300,000 £ 25,000 £10,000
- £350,000 £ 75,000 £30,000
- £400,000 £125,000 £50,000
- £450,000 £175,000 £70,000
- £500,000 £225,000 £90,000
Making a Will is one of the best tax avoidance tools you can employ – in addition to others and utilising the exemptions which are available.
Making a Will is probably one of the last – and most important – undertakings you can do for the benefit of your family and those you love…failure to make one can have far reaching and dire consequences.