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If you want to make a will it’s advisable to call in the services of a qualified solicitor to help you make sure you get it right. A DIY will is an extremely dangerous course of action to take for most people. The UK population is gradually becoming wealthier with most people having assets when they die and disputed probate due to the inadequacy of wills is a growth area for most probate solicitors. In addition to properly drafting wills an experienced probate solicitor will also act for claimants in disputed probate cases before the courts. Most disputed probate solicitors deal with invalid will claims using the no win no fee scheme.
One of the most frequent mistakes made by people who are making their own wills without professional guidance which leads to disputed probate is the fact that they do not take into account changing relationships and the possible consequences they could have which includes births, marriages, death, divorce and civil partnership. A will should be drafted in such a way that the consequences of most or many of these eventualities does not change the general nature of the will requiring a new will to be prepared.
In a successful disputed probate claim a will can be declared void and of no consequence thereby allowing an earlier will to take precedence if it is not executed properly. The most serious consequence of failed signature and witness protocols relates to the situation where there is no earlier will and the state can step in to claim everything if there are no close relatives to make a claim under the intestacy rules.
If a beneficiary to the will is also a witness then the beneficiary loses their bequest which, if not distributed by the will, or under the intestacy rules falls to be claimed by the state.
DIY wills frequently fail to take account of the rights of a dependent. If the deceased was providing financial support immediately before death, then the person in receipt of that benefit can make a disputed probate claim against the estate for financial support even though the will may have been drafted quite properly.
A will must be made of the testators own free volition and that person must have been fully aware of what they were doing and of the consequences of their own actions at the time the will was signed. If there is any suggestion of undue influence from another person or of mental illness which in the elderly includes senility or dementia, then a disputed probate solicitor will probably succeed in a claim to void that will.
When you use the services of a qualified probate solicitor you will know exactly what is happening at each step of the way. An experienced lawyer won’t confuse you with complex terms because they know how important it is to get things right when it comes to legal matters. Call a probate solicitor now if you have cause for concern and see whether you can put your mind at rest by making sure that you are able to protect your legal rights.