Topics: Estate planning

Problems with Will challenges involving small estates

Generally, an eligible person will succeed in a challenge to a Will if they have been left without adequate provision and they can demonstrate some financial need. Provision will not usually be refused except in exceptional circumstances, such as where there are minimal assets in the estate or where there

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Can you afford the costs of challenging a will?

Applicants who challenge wills in order to gain a greater share of an estate (and their solicitors) have long taken comfort from the 1994 decision of Singer v Berghouse. In that case the High Court said that, generally, costs orders will not be made against unsuccessful applicants and that everyone’s

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