COVID-19 Update: Tozers is providing our usual client services while maintaining the safety of our clients and colleagues. Full update here

Complete the form below to ask us a question or make an enquiry. We’ll get back to you via phone or email as soon as possible.

Insights

Are the Courts still dealing with disputed Will claims during the Covid-19 crisis?

Posted on 30th March 2020 in Dispute Resolution, Coronavirus Pandemic

Posted by

Martin Laver

Partner and Solicitor
Are the Courts still dealing with disputed Will claims during the Covid-19 crisis?

In short, yes, the Courts are still dealing with new and existing disputed Will claims despite the current Covid-19 crisis.

The Courts remain in operation and are hearing trials and applications albeit remotely, like most of us! You will still be able to dispute a Will and issue a claim through the Courts but, for the moment, most aspects of the claim will be dealt with electronically. Once the Government changes its guidance and the Covid-19 crisis is over, the Courts will likely revert back to their usual way of practice.

The current climate could tempt you to put your Will claim to one side. However, time limits for claims are still running and are not likely to be put on hold. This means that if you miss the time limit it is very unlikely that a Court will let you bring your claim. This is subject to the Courts’ discretion to extend the time limit and there may be some sympathy in the current climate. If this is a concern for you, we suggest you seek legal advice as soon as possible.

Our Disputed Wills & Trust team are still working and are able to take new instructions for any of the following disputes:

  • Claim against an estate under the provisions of the Inheritance (Provision for Family and Dependants) Act 1975;
  • Disputing the validity of a Will on one of the following grounds: Lack of capacity, want of knowledge and approval, and/or undue influence;
  • Executor and Trusts disputes.

If you would like advice on these issues, please contact a member of our team 01392 207020 or willdisputes@tozers.co.uk

Company & Industry

Related Insights

Insights

Don’t fall foul of Inheritance Tax investigations

Posted on 22nd September 2020 in Later Life Planning

A recent Freedom of Information request, published by The Telegraph has shown the confusion over complex Inheritance Tax provisions. The number of estates being investigated by the Revenue is at a four-year high, with numerous families having to suffer scrutiny.

Posted by

Rachael Morley

Associate and Solicitor
Insights

Changes to lasting power of attorneys on the horizon?

Posted on 21st September 2020 in Later Life Planning

It is only in the early stages, but the Ministry of Justice (MOJ), together with the Office of the Public Guardian (OPG), has been seeking input from practitioners and other interested bodies as part of a new initiative to modernise the process of making a lasting power of attorney (LPA) in England and Wales.

Posted by

Naomi Hoare

Solicitor