Contesting a Will – do I have a case?

Will disputes are becoming increasingly common due to an increase in the elderly population, a rise in dementia and Alzheimer’s sufferers, changes in family structures and the increasing value of estates.  A Will needs to satisfy a number of criteria to be valid. The presence of any of the factors below may invalidate a Will: Lack of mental capacity when the Will was made. Lack of knowledge and approval of the terms of a Will. Undue influence. This needs to be more than mere persuasion but something that overpowers the will of the person making the Will. Fraud and forgery. Will not properly executed. There are certain formalities set out by the Wills Act 1837 which must be satisfied. This includes a Will being in writing, signed and witnessed. Although there is technically no…

What happens if I die without making a valid Will?

This is known as dying Intestate. The Intestacy rules make provision for spouses and certain blood relatives to inherit your assets when you die.  However, the division between your family can be very complicated and it isn’t usually as expected or as you would have intended.  Where there is no Will, a surviving spouse might not be sufficiently provided for financially. In addition, young children may have access to wealth before they are financially mature.   Any unmarried partners, friends, charitable organisations, step-children and step-grandchildren would not inherit your estate if you didn’t make a Will.  Instead, only spouses, blood relatives and persons adopted into your family would be included.  This could include distant or estranged blood relatives.  If you had no surviving relatives, your estate would pass to the Crown.  If you make a Will, you…

Relationship breakdown: whose debt is it anyway?

The average household in the UK now has debts of around £58,000 according to The Money Charity.  Trying to keep on top of this can be a major source of stress and according to the relationship counselling service, Relate, debt is cited as the reason one in ten couples decide to separate, divorce or dissolve their civil partnership. Disagreements over who is responsible for the debts are common in separating couples. One of you may have a loan or a credit card in your name even though you both benefited from the expenditure which might have been a big item such as repairs to the house, or a holiday, or just to keep on top of everyday bills. After separation, it is not uncommon for one half of the couple to claim that this debt was…

Selling your apartment and avoiding some pitfalls

According to recent news stories, some owners are struggling to sell their homes because they live in an apartment block with exterior cladding. Coupled with mounting criticism of the leasehold system, you may worry that selling your flat will prove more difficult than you had hoped. Leasehold flats are a long-established feature of this country’s property market.  In most cases, selling your leasehold apartment should not be too different from selling a freehold house, although there may be additional issues to address and the process may take a little longer. Recently, there has been widespread coverage of some of the problems associated with leasehold properties. These have ranged from escalating ground rents to exorbitant service charges. If you have concerns, it is a good idea to talk to your solicitor early on so that she can…