Will Disputes: Contested Wills & Probates in England and Wales: What you Need to Know

Shaking hands

Negotiating for an Inheritance or Increased Inheritance

When a person dies, their affairs go into the hands of the Executor appointed in the Will, or an Administrator if they had no Will. In this web site we refer to the claim being made against the Estate of the deceased.

The Executor/Administrator is appointed to wind up the affairs of the deceased. So, if you are making a claim for an Inheritance or Increased Inheritance (a Will Dispute), we and our London Agents would negotiate with the Executor/Administrator or their lawyers on your behalf. We do not usually negotiate directly with the beneficiaries named in the Will.

If you have been left out of a Will altogether, or are not entitled to take under an Intestacy, we claim for you what we call your "Inheritance". If you have an entitlement, but it is not sufficient, in this web site we call that a claim for an "Increased Inheritance."

When we claim against the assets of the deceased we are making a claim against those assets in the estate that remain after all debts are paid.

The Estate comprises the assets that were owned by the deceased when they died.

Sometimes we can also apply to access assets which were technically outside of the estate, but under some sort of control by the deceased: see later.

If you are in immediate financial need, we can also apply for urgent, interim payments. Request a call back.

Sometimes An Early Settlement.

Sometimes a claim for an Inheritance or Increased Inheritance can be paid out by the Executor without the need to go to court. Often as a result of negotiations and a Mediation, usually conducted by us as your lawyers, a settlement can be reached without court proceedings.

We pride ourselves on taking the quickest, most economical action for you, depending upon the facts of the case.

Most Claims Seem to Settle Without Going to Court

In our many years of experience we have usually found it necessary to at least commence legal action, in order for the Estate to recognize the claim. Any legal action would be organised by us, with the documents filed in Court by our London Agents.

Most claims we have handled seem to have settled by written agreement between the parties, without any court hearing being necessary. These "Settlements" usually occur in an informal conference which is conducted by the lawyers before a court hearing is held. This is called a "Mediation".

Why you need preliminary advice on the merits of your claim

You cannot just dispute anybody's Will. You must be able to:

Our Principal is a long-standing member of the Society of Trust and Estate Practitioners (STEP). He has all the contacts to help you, whatever the Claim Country may be.

Johansson Solicitors, can help you decide if it is wise to make a claim. If you do not proceed, that is your choice, and then this Initial Review will be free.

If we tell you that we cannot help you, the initial review will cost you nothing.

If we can help you, and we agree to act under our No Win No Fee Plan*, we will only charge you if we are able to recover our fees from the Estate, and we will only charge you when the funds are received. Find out if you're eligible.

Penalty Clauses In Wills

Do not be put off if there is a clause in the will that tries to penalise you if you commence a will dispute: these clauses are often treated by the court as having no effect on your rights.

Next: Are you qualified to claim?