Other Services

Invalid Wills / Other Grounds for Disputing a Will

We can only commence to contest/challenge a will after the court has determined whether the deceased left a valid last will.

Someone may try to claim that a purported will is in fact invalid, and the executor would need to help resolve this important issue.

In order to be successful, that person may raise several claims, and would need to successfully prove:

A will contest being signed
  1. Legal Incapacity

    That the Will maker was not capable of making a Will, because they were not mentally able.

  2. Undue Influence

    That the Will maker was under improper pressure to make a Will, so that he never really had any real choice, or that it was made under suspicious circumstances.

  3. An Informal will

    That some document should be accepted as the final will, even though it was not signed in the usual way. This is a very complex area of the law, and it is virtually certain that you will need expert legal advice.

  4. Lost /Destroyed Will

    That the applicable will has been lost or destroyed, and that by submitting a copy to the court, the lost or destroyed will should be accepted by the court, instead of some other will that was lodged.

  1. Suspicious Circumstances

    That the Will maker did not approve of the contents of the Will and of its effects.

  2. Will Not Properly Signed

    That the Will was not signed as required by the law.

  3. Another Will Found

    That an earlier or later will should operate instead of the will that has been submitted to the court for probate. You will need legal help to get the correct Will enforced.

  4. Will is Forged

    That a will is to be judged invalid because of concerns about forgery. A forgery is where a Will is tampered with or altered, so as to change its meaning. A Will which is a forgery may even be a “fake” Will that was never even signed by the Will maker!

These services are not covered by our No Win No Fee Plan, but usually the Executor’s legal fees can be claimed from the Estate Probate Applications

A Probate is a document issued by the courts that permits the executor to collect in, and administer the deceased’s assets in accordance with the will.

If you are named as the executor in a will, we can arrange for the Grant of Probate to be issued to you for England and Wales, and for these documents to be registered overseas, if required. If there is no will, we can apply for Letters of Administration instead.

This service is not covered by our No Win No Fee Plan, but the legal fees of obtaining Probate can be claimed from the Estate.

CWPL can help you with many problems associated with deceased estates.

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Taxation Issues: English Residency Issues

With the Capital Gains Tax, Inheritance tax and other tax issues that can arise in England, you may need advice on:

We would get all of the details from you, and work with expert accountants and barristers in England to resolve these issues. These services are not covered by our No Win No Fee Plan, but usually the Executor’s legal fees can be claimed from the Estate.

Tax Planning: Looking Ahead

If English tax is likely to be a problem, we can get advice so you can best plan your affairs and avoid unanticipated taxes, especially Inheritance Tax which can tax your estate up 40%.

With our membership of STEP, and our excellent international links, we can help you with your tax planning from England, or from Australia as an Asia/Pacific client.

If you live offshore, you do not need to go to England for advice.

This service is not covered by our No Win No Fee Plan.

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