contest a will – Probate Experts Cost Cutters

Father Died

Stephen Pett — Thu, 31 Dec 2015 10:25:06 +0000

My Father died in November.

How can I find out if a Will has been registered?Answer:Sorry about your Dad.

I am not sure if you can’t find the Will (seehttps://theprobatedepartment.co.uk/how-to-find-a-lost-will/.) We do very often get questions about lost Wills, and their loss can cause all sorts of problems. Many are destroyed by people who don’t like them, many are so out of date as to be ridiculous. So we designed a program to keep Wills (etc) under review and secure, and we set up a separate company (Will Custodian Ltd) to run the system. It is very simple, costs most people the price of a coffee a month and help its’ Members to keep up to date with relevant changes in the Law, Tax and (of course) family circumstances. Any or all of those can mean that a review of Legal Planning is needed. If you would like to learn more about the Peace of Mind Service, click the link.2) Or think someone else might have been granted Probate on it (it would be very quick to have done so already in around a month) in which case try here: https://www.gov.uk/search-will-probate3) Alternatively, you might wish to prevent anyone else from attempting to prove a Will you might consider was false/ made under pressure etc etc, by way of a Caveat in which case see here: https://theprobatedepartment.co.uk/contest-a-will/.

4) If it turns out that there is no valid Last Will, then the Rules of Intestacy will apply, but the situation might change dramatically if there is the possibility of a claim under the Inheritance Act and its’ latest update which significantly widens the class of people who can claim that they were not properly provided for under the Will or lack of Will.

Happy to have a brief chat if it helps, and I hope I have answered the question!

Pensions Death in Service Benefits – can they be disputed?

Stephen Pett — Sat, 28 Jun 2014 14:20:38 +0000

Probate Question: Death in Service Benefits from Pensions.

Q: My sister was living with her partner for four years. Last year my sister appointed him as Next Of Kin on paperwork connected with her work death in service benefits. Now my sister has died, and her pension death in service benefit is going to be paid to her so called next of kin. I must say that my sister and I had to pay for the funeral of my late sister with no financial help from her partner.Please can you tell me if we can contest his Next Of Kin ?Many thanks

A: Pension Death in Service Benefits

I imagine this is to do with the Pension Death in Service Benefit from her employer. What happens is that the firm offer an employee the option to nominate who should receive such benefits if they die in service, and your sister must have done so, which means that the Trustees of the scheme are most likely to do what she requested, though they are not bound to do so and may sympathetically entertain a request to deduct the funeral expenses, provided they get that before they have paid out.

In this case, the payment of the benefit is usually at the discretion of the trustees of the scheme, who will generally follow the wishes of the deceased.But that doesn’t stop you raising your concerns with them – but you would need to do so urgently.You don’t say whether her left a Will? Normally that would contain a clause which made sure the funeral was paid for from his estate.If there was no Will, then an unmarried partner would get nothing apart from joint property automatically. The rest would go to spouse (if any), then children (if any) then parents (if any) then siblings. For more details of the Rules of Intestacy, just click on the link above which will take you too a Government site which explains how the Rules operate.Hope that helps.SteveStephen Pett Contact The Probate Department (brokers)Pensions Death in Service Benefits

Probate Quotes Probate Disputes

Widows Inheritance Claim Fails

Stephen Pett — Mon, 12 Aug 2013 04:22:53 +0000

Widow loses out in Inheritance Claim.

Inheritance Claims

An inheritance claim by a widow to the England & Wales High Court has declined to overturn the will of the late Thomas Joseph Smith on grounds of mental incapacity. It also refused the widows claim under the Inheritance (Provision for family and Dependants) Act 1975 and awarded costs of £80,000 against her. A very expensive failure, which is not at all unusual in an inheritance claim. Always proceed with care, and not just emotion.The deceased’s estranged wife Olga had claimed a terminal brain tumour had caused him to show strange behaviour. This included not only sexual aberration but also the execution of a Will that disinherited her in favour of his immediate family. The defence submitted that this behaviour, even if true, did not affect Mr Smiths ability to make a valid Will. Essentially, you need only be aware of the nature and extent of your assets and be aware of those people who you could reasonably be expected to consider leaving anything too. The press story indicates that, though they were not divorced, their marriage was long since over in the real world.If you have a possible Inheritance Claim (perhaps under the broader scope of the 2014 Act we offer an inexpensive brief initial review to see if there is any realistic prospect of a claim succeeding. Just give us a call on https://www.theprobatedepartment.co.uk/contact-us-for-probate-help for details.Read more on the story here.See also Contest a Will.What is a Caveat?Starting out on such a claim which is not a really sound one can result in enormous costs, as Mrs Smith and many others have found to their cost. So it has to make sense to start off with a basic test to give you some idea of your prospects of success. Far too many Inheritance Claims are fuelled only by anger or disappointment and may be without legal justification.That said, the 2014 Act has certainly increased the number of people who are legally able to make such a claim.More on Probate Disputes. Probate Claim Checker.