Category: Wills, Inheritance, Trusts & Probate Disputes

What Happens If There Is No Will – Intestacy Explained

When a person passes away without leaving a valid will, their estate is subject to the laws of intestacy. Intestacy refers to the legal process of distributing assets and property according to predetermined rules set by the government. This article aims to provide an in-depth explanation of intestacy, including the distribution process, potential complications, and […]

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How to Prevent Someone Contesting a Will

Creating a Will ensures your assets are distributed according to your desires after your passing. Unfortunately, disgruntled family members or beneficiaries can sometimes challenge the validity of a Will, leading to a lengthy and costly legal battle. In this article Hedges Inheritance Disputes Solicitor Edward Capstick shares strategies to minimise the risk of someone contesting […]

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How to Remove a Trustee – Taking Control When Inheritance Goes Wrong

Inheritance disputes can be emotionally charged, especially when trust in the person managing the estate, the trustee, is called into question. Hedges can help navigate the complexities of will disputes, give straight forward and pragmatic advice that is tailored to your goals and budget, and protect your position.  You can see further information here and […]

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Can estranged children claim against their parent’s estates?

It is the unfortunate reality that not all families are harmonious and it is often the case that when children become estranged from their parents they will be written out of their Will. While there is no obligation for a parent to make provision for their child in their Will, recent judgements have shown that […]

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What are the Time Limits to Contesting a Will?

Losing a loved one is tough, and it can be even more stressful if the will doesn’t reflect your expectations. If you believe the will is invalid or unfair, you might consider contesting it. But in England and Wales, time limits can apply, so it’s important to act quickly. Challenging the Will’s Legitimacy: Unlike some […]

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Challenging a Will: Who Can Do It?

The death of a loved one is a deeply emotional experience. However, in some cases, disagreements may arise regarding the terms of their will. If you believe a will is invalid or not reflective of the deceased’s wishes, you might consider challenging the will. Understanding Will Contests A will challenge, formally known as a will […]

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5 tips for cohabitees who want to protect each other

Claire Cox, Head of Inheritance Disputes, shares her top tips on protecting yourselves as an unmarried couple or cohabitees who want to protect each other if one of you were to die. I would strongly support the creation of legal rights for cohabitees, who are currently largely unprotected by the law. Many assume that they […]

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Undue influence and the burden of proof

Undue influence is probably the most common suggestion made to me by clients as an explanation for a family member’s Will having been changed. However, in practice, it is an incredibly high burden to prove, and you rarely see cases going to Court on this basis alone. The risk of losing and costs consequences is just too great.

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