Do I need to dispute a Will before it goes to Probate?
It is always better for claims which challenge the validity of a Will to be brought before any Grant of Probate is issued because it is possible that distributions may have been made before your claim is raised, which can make recovery of assets more difficult.
In order to stop a grant being issued, a document known as a caveat can be lodged at the Probate Registry. This is often the first step in disputing the validity of a person’s Will, and it is a step which we can assist you with.
Related FAQs
If the testator promised you something during their lifetime which they said that you would inherit on their death, but then this was not provided for in their Will, you may be able to bring a claim known in legal terms as either proprietary estoppel or promissory estoppel.
You must be able to show that the testator made you a promise during their lifetime, that you relied on that particular promise and the reliance that you placed on the promise was to your detriment. You can find more details above in the FAQ – How long do I have to contest the validity of a Will?
The Government published guidelines on 23 March 2020 concerning house sales.
Estate Agents have been required to close their offices and although staff are allowed to work from home they must not attend properties for any reason.
Therefore, if the property has not yet been put onto the market you will be unable to obtain a proper valuation at present. Also, restrictions on movement means that people must not view properties in person. Therefore you ought to delay marketing.
If you have found a buyer and the property is empty then the transaction can go ahead but you may experience delays in the transaction. For example, if your buyer needs a mortgage there will be a delay in getting a mortgage offer and even if it’s a cash purchase there are likely to be delays with Local Authority Searches.
You should discuss with your conveyancer whether to include special contract conditions. These could take into account what happens if the buyer or someone in the chain falls ill between exchange and completion and cannot move on the anticipated completion date.
If you have exchanged contracts the Government guidelines indicate that the sale of an empty property can go ahead to completion. However, if the contents of the property have not been removed you may have difficulty getting it cleared. Similarly, your buyer or someone else in the conveyancing chain may find that their removers are unable to move them. If this happens, you ought to discuss this with your conveyancer and your buyer as soon as possible to see if completion can be delayed to a later date.
The ICO is providing new guidance to organisations regarding data protection and coronavirus, which can be accessed here: https://ico.org.uk/for-organisations/data-protection-and-coronavirus/
Information about the Covid-19 health status of individuals is special category data under the GDPR. This means it is high risk which has implications for how you use it, store it and keep it secure.
You will already hold health data about your employees as this is necessary to provide a safe, accessible place to work and to make reasonable adjustments to the workplace. You now need to make sure that the information you gather about your employees, visitors to your sites, customers and suppliers about Covid-19 is processed in accordance with data protection laws.
Despite remote hearings being the default position at present, formal permission will still be required by the court and a template order was circulated with the guidance. This template sets out the relevant directions and recitals to include in your order. An application to the COP for a remote hearing will not be required.
As a result of the CJRS being extended, the Job Retention Bonus will no longer be paid in February 2021.