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.
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.
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.
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.
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).
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.
We have free visitor parking directly outside our office which you are welcome to use for your visit.
We have 4 visitor spaces plus there is a long stay car park immediately adjacent to the office (Castle Hill Car Park).
We have free visitor parking directly outside our office which you are welcome to use for your visit.
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).
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