Back to Legal Case Studies

Contentious Probate Solicitors Secure Grant of Probate in Handwritten Will Case

15 August 2012

In this case our Contentious Probate Solicitors represented a client who died in an accident that was not his fault. After his death his Personal Representatives discovered that he had left only a handwritten Will. 

The Executors were required to obtain the Grant of Probate in order to pursue and finalise the personal injury claim on behalf of the deceased’s estate.

When the deceased’s handwritten Will was reviewed, it became clear that it did not satisfy the formal requirements of the Wills Act. If the deficiencies in the Will could not be addressed then the Will would be declared invalid and the deceased’s estate would instead be administered under the Intestacy Rules.

The Executors of the deceased’s estate were keen to prove the validity of the deceased’s Will as they wanted to honour his wishes.

Contentious Probate Solicitors at Slater and Gordon Lawyers were instructed to assist with proving the validity of the handwritten Will which involved obtaining evidence from one of the witnesses to the deceased’s signature to confirm the circumstances at the time the deceased made his Will. Unfortunately, the deceased’s widow did not know the identity of the witnesses as they were professional carers who had attended the deceased’s house a number of years ago.

Our Contentious Probate Solicitors successfully located one of the witnesses and obtained the necessary statement from them to confirm the validity of the Will.

Slater and Gordon then successfully applied for the Grant of Probate authorising the Executors to proceed with the personal injury claim on behalf of the deceased’s estate.

Our team of Contentious Probate Solicitors includes Registered Contentious Trust & Probate specialists who are Litigation Lawyers. For assistance please call freephone 0800 916 9056 or contact us online.

Slater and Gordon Lawyers have offices across England, Scotland & Wales.