Contest a will with JNB Law
We can help with how to contest a will, and provide expert legal advice. We win cases which other legal firms shy away from due to complexity or capacity issues.
Contesting a Will can be a very daunting prospect, but we have the expertise to guide you through the entire process, and we’re very proud of our ability to help people, like you.
We are fortunate to have access to highly experienced barristers and solicitors, including experts and mediators. That means we are able to take on cases which other legal firms cannot facilitate.
We have experience in cases across the Globe and we do our very best for our clients, which is why they recommend us so highly.
How to contest a will, fast:
Improper Execution of a Will:
There are certain criteria required when creating a valid will, which need to be adhered to ensure the will is valid. Such examples are that the will must be in writing, it must be signed and dated by the person making the will (testator), is it clear that the testator have given full effect to the will and there are two witnesses present for the acknowledgement of the same. If these criteria are not adhered to, the will is not valid.
Undue influence simply means that one person coerces or puts another under unreasonable pressure to in effect pass property over to that person. In other words, the person so influenced does not exercise their free choice in the matter. Fraud wills can also come about if the signature if altered or the will is destroyed.
Trusts can be created intentionally (express trusts) or by reason of the circumstances that one person is holding property for the benefit of another (constructive trusts). In regard to the latter neither the trust or its terms are immediately apparent after a gift has been made.
Nevertheless such, being a secret trust, can he held legally viable if evidence can be shown that the person making the gift intended to create a trust, and they made such an intention plain to the intended beneficiary, and that the beneficiary accepts such a secret trust.
Lack of capacity:
If the terms of a will seem rational and nothing deemed irregular then the law assumes capacity.
But it does not take much to dislodge that presumption. So if there is a history of mental illness or it appears there is confusion or memory loss, then those relying on the will are put on the back foot to proving, what had been assumed, capacity.
Free No Obligation Enquiry
Or call on 0115 963 0179 - Without Obligation.
How to stop the probate process:
Time is of the essence. If you have been removed or cut out of a will then you must act fast and ensure you have a copy of the will available either immediately or as soon as possible. If you find that the process of probate is commencing, then you can in cases instruct us to issue a caveat. A caveat essentially prevents a grant of probate and acts like an injunction. It is helpful so far as giving you time to make inquiries and to seek legal advice on what to do next.
Why Choose Us?
We understand this can be a stressful and upsetting situation to find yourself in. We do everything in our power to make this process as stress-free and straight-forward as possible, so you can concentrate on the things that matter to you.
We are a member of the Association of Contentious Trust and Probate Specialists (ACTAPS) since 2003. By being a member of ACTAPS we adhere to a code of conduct:
"Members ("the Members") of the Association of Contentious Trust & Probate Specialists ("the A.C.T.A.P.S.") will endeavour to act in accordance with a voluntary Code of Conduct ("the Code")."
We also have a vast amount of experience in both winding up estates and dealing with other estates where things have gone wrong, for instance a claim by a disappointed beneficiary or a claim for or against the administrator of the estate. Our experience enables us to act fast for clients to ensure we achieve the best results possible. This means that we can offer the best of both worlds, being a working knowledge of dealing with the winding up of estate juxtaposed with the litigation element of going to mediation or court.
Have a Question?
Call us on 0115 963 0179 or use the button to the right.
For a No-Obligation and Free Enquiry.
I have known Joseph Bell since 2011. He has always been helpful, considerate and highly diligent in his dealings with my case. Mr Bell is thorough in his approach to the legal issues and pursues the case until a satisfactory conclusion is reached.
I am confident that in Joseph Bell I have a lawyer who answers my questions clearly, and has my interests in mind. I shall continue, when necessary, to ask Mr. Bell to deal with my legal matters as I trust his professional integrity.
I was given the name of Joseph Bell by a solicitor, and have had no cause to regret this recommendation.
On the contrary, I have been impressed with Mr Bell’s legal expertise, his tenacity in a difficult case, and his sensitive support towards me his client.
Just as impressive is his professional integrity, from which a relationship of mutual trust developed, very important in a prolonged and complicated case.
I would have no hesitation in recommending Joseph Bell’s services, for whom I have the highest regard.
Joseph N Bell has guided us through a very difficult and complicated international probate case which took ten years to resolve. He was strenuous and diligent in protecting our interests and found us reliable lawyers properly versed in the appropriate law of the other country concerned. Once he took charge – and others had previously been involved – matters were brought to a satisfactory conclusion quickly.
Joseph Bell displays a reassuring, no-nonsense mastery of his brief and is always available dispensing calm advice when required. I would unhesitatingly recommend his services.
Joseph Bell has for a number of years been a contributor to the training programme for barristers at the Education Department of the Honourable Society of Lincoln’s Inn, teaching professional ethics to pupils and tenants. He is a valued member of our faculty whose experience and wisdom is much appreciated by trainees, and fellow tutors, from the profession.