My dad has left one of my siblings much more than me and I don’t know why. Can I challenge the Will?
You cannot challenge a Will just because you feel that it is unfair (apart from in some limited circumstances where you if the Will does not make ‘reasonable financial provision for you’ – see our Financial Provision Claims FAQs).
However, there may be legitimate reasons for you to contest the Will, including if you think that your dad did not know what they were doing when they made the Will, or if you think someone was being forced to make the Will. See the other FAQs in this section and consider whether any of these apply to your circumstances.
These types of claims are very fact-specific so it is not possible to give a straightforward yes or no answer as to whether any such claim is available to you. You can contact us for advice and we can advise you whether we think that you have a claim.
Related FAQs
If a dispute goes to court then the losing party will have to pay both their own and the winning parties’ legal costs. In other words, if you did not succeed with your claim, you would have to pay the legal costs incurred by the beneficiaries of the estate. However, if your claim succeeds, the beneficiaries of the estate are likely to have to pay your legal costs, as well as any financial provision which is ordered by the court to come from the estate.
Ward Hadaway can offer a number of options to help to minimise your financial outlay, including acting on a fixed fee basis or a no win no fee arrangement.
We have been offering no win no fee arrangements now for over 20 years. We know that good legal advice is expensive and in most cases, if the case is strong, we can work with you to find a way of bringing the claim. Costs will be discussed with you in detail before you have to pay anything.
Similar to the position for claims between 1 August 2020 and 31 October 2020, for claims between 1 July 2021 and 30 September 2021 there will be a cost to businesses of furloughing staff, which will gradually increase until the scheme closes at the end of September as follows.
- From 1 July 2021 employers will be required to contribute 10% of wages, with the Government contributing 70%.
- From 1 August 2021, the employer contribution increases to 20% and the Government will contribute 60%.
- 30 September 2021: scheme closes.
Employees will continue to receive 80% of their current wages, up to £2,500 a month.
An extension to the traditional business interruption insurance, “contingent business interruption insurance” often covers areas such as business interruption due to damage to property of a customer or suppliers. Nonetheless, proving loss can be problematic.
Claims for loss of use of the property may be possible as a result of forced business closure due to lockdown. Accordingly policies should be carefully reviewed to see if cover is available.
How much a divorce costs very much depends on how your spouse responds to the divorce proceedings. There is a set Court fee of £593 which you will have to pay if you issue the Application and any Solicitor fees will be in addition to that. Some people may be eligible for a fee exemption. Solicitor fees are usually between £500 to £1,000 if matters are straightforward, however, if your spouse decides not to respond to the divorce or there is an issue regarding jurisdiction (i.e. whether you should be divorced in England or Wales) the costs can significantly increase. Your costs are also typically higher if you are the Applicant rather than the Respondent.
You can contact one of our experienced divorce lawyers to discuss the fixed fee further and to find out what is and is not included within the overall cost by emailing familylawenquiries@wardhadaway.com or utilising any of the contact details listed below.
In some cases, it is a good idea to approach your spouse before issuing a divorce application so that you can agree on the best way to proceed and you could even try and reach an agreement as to how the costs of the divorce could be shared. These negotiations can take place through a Solicitor.
Please also be aware that these costs are in relation to the divorce process only. If you also need advice on your finances or any child care arrangements, there will potentially be additional Court, expert and Solicitor fees for this. We ensure all clients are provided with an estimate of all costs at the outset.
Yes unless you are self-isolating, infected with Covid-19 or within a vulnerable group.
The Government has issued updated guidance on 13 May providing comprehensive advice to reflect the move to relax lock down restrictions and encourage house sales. The advice can be found here:
Key points to note
Unless you are self-isolating, infected with covid 19 or vulnerable, the guidance states that you can move house, provided you comply with social distancing measures at every stage, whether visiting a seller’s house or accepting visitors or professional for viewings, surveys and removals.
All businesses such as surveyors, estate agents and removals, linked to the housing market may now operate, provided that social distancing measures are observed and safe working procedures (see link below) are followed.
https://www.gov.uk/guidance/working-safely-during-coronavirus-covid-19/homes
House viewing should be conducted virtually wherever possible, and open-house viewings should not be conducted. Houses should be cleaned before and after visitors come, and home owners should vacate during viewings and surveys to minimise the chance of contact. Doors and windows should be left open, and sinks made available for hand washing.
Agents can supervise, provided they maintain social distancing.
New homes show houses should be operated on an appointment basis, and cleaned between viewings, with hand washing facilities made available. Staff should adopt safe working procedures. Housebuilder sale-staff, tradespeople, fitters and NHBC inspectors can all attend to facilitate viewings, fit out, commission equipment and inspect completed homes.
Solicitors and Estate Agents remain unable to open their premises to members of the public, for the time being. Government guidance advises that solicitors adopt special covid 19 clauses to permit flexibility on completion dates where parties become unable to move or complete for reasons connected with the pandemic.
The Law Society in conjunction with other trade and professional bodies in the sector, has published links to pan-industry guidance on the re-opening of the housing market:
https://www.lawsociety.org.uk/news/press-releases/industry-issues-guidance-kickstart-housing-market/