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Challenging a will? your questions answered

August 2017

According to the Law Commission an estimated 40% of adults die without having a will in place, and it is thought that the outdated and complicated laws are putting people off making one.
 
A person’s will sets out how they wish to distribute their possessions on death, and may even include preferences on what happens to them after they die. Without the help of a professional, although a person’s intentions may have been clear, their will may not reflect those intentions. There are also strict procedures that must be followed to ensure that is will is valid.
 
If you find that after a person’s death their will does not reflect their true intentions, or doesn’t make the financial provisions necessary for the people in their lives you may need to look to the Courts for assistance. The Inheritance (Provision for Family & Dependants) Act 1975 is in force to protect the interests of those closest to the deceased, or those who were financially dependent on them. Senior lawyer Michael Henry of Debenhams Ottaway Solicitors is one of the few solicitors in Hertfordshire to be a full accredited member of the prestigious Association of Contentious Trust and Probate Specialists (ACTAPS) that can assist you and guide you through the potentially daunting task of challenging a will or making a claim under Inheritance (Provision for Family & Dependants) Act 1975.
 
Debenhams Ottaway and Michael have a wealth of experience in bringing claims pursuant to the Inheritance (provision for Family and Dependants) Act 1975 and challenging the validity of wills. Michael has also worked on cases where a claim or challenge is being brought against his clients. This breath of experience of both successfully bringing and defending claims and validity challenges for his clients gives Michael a unique ability to see the issues from both sides of the fence. Michael is able to give pragmatic and realistic advice regarding the prospects and merits of a claim. He often deals with complex matters that have a number of different angles to bring a claim to maximise chances of success, whilst managing expectations and protecting the clients’ interests.
 
If you or someone close to you needs assistance with a will, inheritance or power of attorney dispute matter, please do not hesitate to contact us today and get the advice and reassurance you need from trusted local Solicitors based in St Albans and Radlett. 

The contents of this article are intended for general information purposes only and shall not be deemed to be, or constitute legal advice. We cannot accept responsibility for any loss as a result of acts or omissions taken in respect of this article.

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