Saturday, 20 August 2011

Family Law Solicitor Wirral – Can A Will Be Contested?

It often happens that someone in the family feel cheated when the will is read or produced, after the demise of will writer. Will and inheritance related cases are so common that one of the most common cases that family law solicitors Wirral handle is related to will and inheritance only.

 

Can a will be contested?


As said above, many people feel cheated when the family will is revealed to him after the death of will writer (usually parents, or grandparents). In such cases, people go to the court of law to seek justice, but not every case is accepted because all cases do not qualify. A good family solicitor in Wirral will tell you if your case will be taken by the court or not.

A will can only be contested when a “no contest” clause is not included in the will. Trying to contest a will that has a “no contest” clause can deprive the litigator from the share he or she got in the will.

In case someone contests a will with a “no contest clause”, the share of the litigant will be distributed into residuary estate, unless a direction on what to do with that share is specified in the will.

 

Where to file a case to contested a will


A will can be contested in the local county court or in a Magistrates Court (Family Proceedings Courts), both of which follow the Family Procedure Rules. In Wirral, you can file a complaint in the Birkenhead County Court, address of which has been given below.

 

Birkenhead County Court


Address: 76 Hamilton Street,
Birkenhead Merseyside
England
CH41 5EN
DX 725000 Birkenhead 10
Court number 126

County Court number 126

If you need any specific information from the court, you can contact switchboard on 0151 666 5800, and you can also use its FAX number (0151 666 5873), if and when you need to submit the document. Alternatively, contact Mrs. A. Williams on 0151 666 5800. She, at present, is customer service officer in the county court.

 

Conclusion


To contest a will in Wirral, you will need to go to the Birkenhead County Court, but before you do so, you must find a reliable Family Law Solicitor Wirral who can help you get justice. You must conduct a thorough research before settling for any Family Law Solicitor in Wirral, as the fate of a legal proceeding depends a lot on the knowledge, experience, and articulation of a solicitor. You must also know that you can only contest a will, without losing everything that you were given in the will, if a “no contest” clause has not been included in the will.

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