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Contesting a Will

Specialist Solicitors in contesting Wills. Experts at advising clients on their ability to challenge a Will and resolving Will disputes. Opal Legal has been recognised as a Top 200 UK Law Firm.

Shareholder, Board & Director Disputes

Disputes may arise within any company, whether it's a small family run business or a large corporation.

Typically, these involve conflicts between individuals who have a vested interest in the company's success, such as majority and minority shareholders and directors.

Professionals

Examples of disputes we encounter regularly include:

  • Breach of Director’s Statutory and Fiduciary Duties: When a director fails to act in the best interests of the company, misuses company assets, diverts business away from the company, fails to act as required by the Company’s Articles of Association or acts in breach of their statutory duties under the Companies Act 2006, it can lead to serious claims, disputes and conflicts between shareholders or directors and / or the company.

  • Shareholder Oppression: Shareholders may feel marginalised or unfairly treated by other shareholders or directors, leading to conflicts and disputes over control, composition of the Board, profit distribution, payment of directors salaries and benefits, commercial transactions, exercise of voting rights and the issue and transfer of shares (especially where compulsory and/or bad and good leaver share transfer notices/valuations are triggered).

  • Disagreements on Company Strategy and Deadlocks: Shareholders and directors may have differing visions for the company's future, leading to conflicts over crucial decisions, such as mergers, acquisitions, or major investments and/or a “deadlock” between shareholders or directors where there are equal shareholdings/votes or shareholder/director consents required for a transaction or cause of dealing.

  • Breach of Shareholder/Investment Agreements: Where a shareholder has acted or threatened to act in breach of a contractual obligation, responsibility or restrictions set in shareholders/investment agreement.

Contesting a Will Solicitors

Our specialist Contesting a Will team at Opal Legal is one of the largest Will dispute specialists in the UK. The team is ranked as a top tier contesting a Will specialist in the Legal 500 and is a Top 200 UK Law Firm.

You may have a claim if you satisfy one of the grounds below:

Grounds For Contesting A Will

In England and Wales, you have the freedom to leave your estate to anyone you want, meaning you are not required to leave your estate to your spouse, children, grandchildren, or other people who may be dependent upon you in your Will.

However, in the following circumstances, the law may allow you to contest a Will:

  • The Will is deemed invalid if the deceased lacked mental capacity, was improperly influenced or if the Will was not made properly (for example, if it was forged or incorrectly signed or witnessed).
     

  • If you were financially dependent on the deceased and were left out of a Will or not adequately provided for you may have strong grounds to make a claim under the Inheritance (Provision for Family and Dependants) Act 1975.
     

  • If the deceased made a promise to you before passing away, about what they intended to leave you but did not include it in their Will.

  • If you believe that a Statutory Will being requested by someone for a mentally incapacitated person does not accurately reflect their wishes, you may express your concern to the Court of Protection to contest their proposed new Will.

  • The Will was forged.

Can You Contest a Will?

You may be able to contest or dispute a Will or bring a claim to challenge the terms in a Will if you are:

  • A beneficiary under the Will.

  • A spouse, civil partner, partner, child, grandchild or other dependent of the deceased who was financially dependent upon the deceased.

  • An individual or organisation that was promised an inheritance.

  • An individual or organisation that has been disinherited.
     

  • A third party affected by the present or previous Will.

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Testimonials

"Opal Legal Services has been a lifesaver for me. Their team of experts helped me navigate through a complex legal issue with ease. I highly recommend their services to anyone in need of legal assistance. Thank you, Opal Legal Services!" 

John Smith

How to Contest a Will

Our contesting a Will solicitors can advise you as to whether you have grounds to contest the validity of the Will itself. If that might be the case, then the deceased’s estate assets will pass either in accordance with a previous Will, or in accordance with the rules of intestacy.

The intestacy calculator might help you understand how the intestacy rules apply to your situation.

Our team can also advise you whether you can bring an inheritance act claim under the Inheritance (Provision for Family and Dependants) Act 1975.

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Professionals

Why Work With Our Contentious Probate Team

  • We have been ranked as a Top-tier law firm by the Legal 500 for the last seven years.

  • We have been recognised by The Times and The Lawyer as a Top 200 UK law Firm.

  • You will receive expert quality and cost-effective advice.

  • Price transparency - we provide our clients with an estimate at the outset for any work with ongoing updates throughout the matter. When appropriate, we can advise and act for you on a no-win no-fee basis.

  • The contentious probate team is overseen and led by experienced Partner, Helen Thompson, who is a member of STEP (the global professional association for practitioners who specialise in inheritance and succession planning) and has completed the Advanced Certificate in Trust Disputes.

  • All our solicitors are either full members of ACTAPS (the Association of Contentious Trust and Probate Specialists) or are working towards this prestigious qualification.

  • We have the largest team of contentious probate solicitors in the North West ensuring you will receive the very best legal advice and support.

  • We use the latest technology to ensure that we are working efficiently and that geographical distance is no bar to us, from providing you excellent client service.

  • Take a look at the Opal Legal Promise for further benefits of working with us here.

Contact Opal Legal Solicitors

If you have any more questions or would like more information, you can contact our Family Law                                                                                              Solicitors on:

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