There are times when someone disputes the validity of a will.
Dealing with a disputed will is a difficult and emotional process. With almost 30 years combined experience providing probate valuation and support we are uniquely positioned to help negotiate the way through to a solution. We are here to help you navigate the complexities of contentious will resolution. We provide professional and compassionate guidance to ensure that your loved one's wishes are respected and upheld.
Opening the post and finding a High Court writ disputing the validity or disbursement of the will you're trying to deal with is distressing. It's likely you've never ever seen anything from the High Court before and your mind immediately jumps to thoughts of lawyers, barristers, judges, bailiffs, costs and even jail. Fear not, Provals, with vast experience providing Probate Support Services can help guide you through preparing for and rebutting any potential claims.
Do not react or respond to the paperwork you've received. Your initial impulse is to contact the person who has issued the writ (The Claimant) and angrily ask what thy are thinking - don't attempt to contact them! Stay calm and call or email us to discuss what you need to do.
The primary method we use to deal with such claims is research, research, and more research - we will frequently unearth missing information, and also establish that a claimant may not be telling the complete truth, or is even lying or hiding evidence that contradicts their claim.
Many disputes to wills are emotionally charged "I am the deceased's only relative, so I should be the person to inherit" and similar claims are frequently heard, and although they may be the only relative, it transpires that they never spoke to the deceased for many years, parted company following a disagreement and vowed to never talk to the deceased again.
It's no wonder they were excluded from the will.
We can usually find evidence that disputes the claim, and once presented to the Claimant ensures that they withdraw their claim.
The process we recommend is research, then present the facts in Arbitration - this frequently results in settlement and removes any need to go to court - which is very expensive, and takes a long time.
Please also be open-minded about negotiating a settlement at the arbitration stage - it can sometimes resolve an impasse - we don't advise this as an opening gambit but do discuss it as one of the options in your armoury.
Contact us to find out more - all discussions are in complete confidence and we are happy to sign a Client Confidentiality Agreement.
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