Claims against many Wills are brought mostly by unhappy beneficiaries or those who have been left out of any Will. Due to this, it has become crucial to get help and expert advice from probate solicitors so that it is a safeguarded against these claims.
Even after making any will, there is always the probability that a relative or other person will challenge it. There are many recent cases in the court. A recent case got popular, where a woman who had left 2million pounds for the RSPCA and her will challenged in the High Court by her daughter. Inheritance act claims are most common form of disputes. A will is mostly challenged on three main forms. Firstly, the will can get challenge by the person preparing it, the testator, can be available as not completely in charge of mental faculties. This can be difficult option, for people suffering even from Alzheimer. Whether this will is signed on any of these days? Having the right evidence can create problems in such cases.
Secondly, it also needs to be proved that there were no coercions or influence at work when this will was drawn up. Again, this can be also difficult to prove, and, as stated above, process can be a lengthy and expensive, which should not be taken lightly. The first step in every case should be to speak to specialist solicitors, who will advise on the likely results and legal expense of pursuing an action.A third main reason for challenging a will is relative feel that is not enough for the estate has been awarded.
As per terms of the Inheritance Act, the person involved must show that he or she was totally dependent on the deceased at the time of death. The courts consider this sort of inheritance based claim seriously, and thinks that they would be trying to get a bit more money.In all above cases, specialist solicitors will be able to give the best legal advice as per law. In most of the cases, an expensive and divisive court action can be avoided if the claimant solicitors can come to an out of court settlement for whole dispute.
In any business based disputes, there are many ways of resolving the problems that can occur. In Construction Disputes, the most common conflict will be between the contractor and employer. Either way there are many legal ways of resolving these construction based disputes that do arise in the business. Generally there are five common methods to resolve construction based disputes. The first one would be to ask the contract administrator to make a decision as how to resolve the dispute. One will find the name of the administrator in the contract which anyone have signed when first went got involved in business. A well drafted contract will state the contract powers and clarify ether the decisions are binding enough in court proceedings.
Negotiation is the best available method that is a way of resolving any construction dispute. It can be done over the telephone conversations, by email or any letters, at any meeting or even through any mediator, which is a form of dispute resolution. Negotiations are without any prejudice therefore any admission, offers cannot be brought up in court if this form of alternative resolution is not successful.
Adjudication is also an option to resolve out disputes. Parties to contracts have a moral right to adjudication despite whether it is in the contract or not. It is a way of resolving any problem which will lead to binding and enforceable decision. Any decision can be changed later if the dispute goes to court. This way of resolving construction dispute can start at anytime, even if the work is still on. The decision taken by the adjudicator must be prepared within a month of the start of the adjudication.
The next method of resolving disputes is arbitration which is formal to adjudication and is available where there is a dispute between the parties and court proceedings are considered. It should be also remembered that an arbitrator must act in a fair way and only deal with the issues.
