In response to the increasing challenge of Coronavirus and in light of rapidly evolving advice, Tozers has taken steps to ensure that we continue to provide you with our usual client service whilst also maintaining the safety of our clients and colleagues. Please see our full update here.

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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

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