Archives - Osbornes Law

Department: Contesting a Will

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Katie de Swarte

MoJ data indicates steep rise in probate claims

Why probate claims are increasing and what this means to families The chances of being involved in probate disputes are...

Katie de Swarte

Probate Mediation

Why choose mediation for contested probate? At Osbornes, we understand that probate litigation is often highly emotive. Unfortunately, there is...

Suzanna Baker

Can a Lasting Power of Attorney Be Overridden?

Dramatic rise in people making a Power of Attorney The number of people recognising the importance of making a Lasting...

Katie de Swarte

Wills Disputes: The Duty To Account Is Not...

Beneficiaries frequently ask us whether trustees or personal representatives can be required to provide a financial account. Their request may...

Jan Atkinson

How to prevent someone contesting a will

It is fairly rare in my experience for a parent to write a child out of their will, but that...

Katie de Swarte

Evidence Needed When Contesting A Will

There must be a clear legal reason to contest a will on someone’s death, backed up by strong evidence....

Katie de Swarte

What Is Testamentary Capacity? Capacity to Make a...

What is testamentary capacity? Testamentary capacity is a person’s legal and mental ability to make a valid will. In...

Jan Atkinson

What is reasonable financial provision in 1975 Act claims?

Understanding “Reasonable Financial Provision” “Reasonable financial provision” under the Inheritance Act 1975, refers to the financial support that is reasonable for...

Suzanna Baker

Undue Influence in Wills

What is Undue Influence in Wills? Undue influence occurs when someone pressurises another person to change their Will to gain...

Jan Atkinson

Left Out of a Will: What Can I...

I was left out of my parent’s will. What can I do? Understanding Your Situation Whilst testators in England...