Does the executor of a Will have the final say?

Once the basis of your claim has been notified to the executors and beneficiaries, the executors of the Will usually take a neutral position in respect of the claim, which is negotiated and progressed with the beneficiaries of the estate.

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Who pays to contest a Will?

Each party is responsible for their own legal costs.  An agreement may be reached whereby your legal costs are paid by the estate.  If your claim is determined by the court and you succeed, you can ask the court to determine which party should pay your costs.

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How much does it cost to contest a Will?

The overall cost of  dispute will depend on the issues involved, the number of witnesses and documentary evidence involved, whether expert evidence is needed and the point at which a case is concluded.

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What constitutes undue influence in a Will?

Undue influence is where pressure, coercion or undue influence is exerted on the testator (the person making the will) so as to procure a Will in particular terms, that is not the expression or result of their own free will.

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Can an executor change a Will?

A Will is intended as the deceased person’s last expression of their wishes in respect of their estate. Usually a Will should remain as it was when the deceased approved and signed it.  A Will can only be varied with the agreement of all the beneficiaries of the estate (effected by Deed of Variation).

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Is it hard to contest a Will?

The basis on which a Will might be contested will depend on the particular circumstances.  Evidence might be gathered from witnesses, documents and/or experts.  A specialist solicitor will be able to represent you and advise as to how best to proceed. 

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Car parking (Bishop's Stortford)

We have free visitor parking directly outside our office which you are welcome to use for your visit.

Car parking (Cambridge)

We have 4 visitor spaces plus there is a long stay car park immediately adjacent to the office (Castle Hill Car Park).

Car parking (Brentwood)

We have free visitor parking directly outside our office which you are welcome to use for your visit.

Car parking (Chelmsford)

We do not offer on-site parking. However, there is a multi-story car park directly opposite which you can enter via Bellmead (High Chelmer multi-story).

We understand your situation and our expert team are here to help

Get in touch to speak with someone who can help you move forward.

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