Unsolicited telephone calls misusing our name - We do not nuisance cold call -
Have a question? Call us on 0800 1979 345
This article was published on June 29th, 2016
A recent High Court legacy case has ruled that a daughter, who wants to contest a Will left by her father, has to pay the legal costs. The High Court ruled that Ruth Simmonds must pay legal costs of £65,000 for making a passive defence claim contesting her father’s Will which left his estate to his former partner.A passive defence claim is when someone challenges a Will by questioning its validity without basis or giving reason for their own claim. This type of claim immediately halts any executor from carrying out the deceased’s wishes and the process then goes to Court. Traditionally the benefactors who are defending their claim take on the costs by having to go to court to prove the Will is genuine but this ruling makes the person challenging the Will pay the legal costs.
The ruling will please charities, which are often left monies in Wills. Proving that Wills are genuine and were the dead person’s final wishes for their estate can be very time consuming and costly.
The ruling sets a legal precedent that means that charities may be offered better protection against mounting costs in some contested legacy cases and would not have to pay full costs in passive defence claim cases.
In a passive defence claim case, the person wishing to challenge a will says they do not believe the will to be valid without giving their reasons or laying out the basis for their own claims.
This prevents the executor from carrying out the dead person’s wishes and forces them to take the case to court if they want to move forward – meaning those defending their claim, not the person challenging it, are forced to take on the costs.
We recognise that these can be difficult and emotional experiences but we will help to ensure that you obtain the best legal advice in which to financially safeguard your future. For more information and advice contact our team of Wills, trusts and estate planning solicitors today on FREEPHONE 0800 1979 345, or complete our simple enquiry form. We are pleased to confirm that we can now offer Standard Wills for £95 + VAT.
This website privacy notice sets out how Thorneycroft Solicitors uses and protects any information that you give Thorneycroft Solicitors when you use this website.
Thorneycroft Solicitors is committed to ensuring that your privacy is protected. Should we ask you to provide certain information by which you can be identified when using this website, then you can be assured that it will only be used in accordance with this privacy statement.
Thorneycroft Solicitors may change this policy from time to time by updating this page. You should check this page from time to time to ensure that you are happy with any changes. This policy is effective from 01/05/2018.
What we collect
We may collect the following information:
We will collect the information directly from you via completion of our enquiry form on the website.
What we do with the information we gather
We require this information to understand your needs and provide you with a better service, and in particular for the following reasons:
We will also collect and process your personal data if you have consented to receiving marketing in respect of our services. You are able to unsubscribe or withdraw your consent at any time by emailing [email protected] or writing to ‘Marketing’ at Thorneycroft Solicitors, 9a Bridge Street Mills, Bridge Street, Macclesfield, Cheshire SK11 6QA.
We are committed to ensuring that your information is secure. In order to prevent unauthorised access or disclosure, we have put in place suitable physical, electronic and managerial procedures to safeguard and secure the information we collect online.
If you do not instruct us in relation to your legal matter, your personal details will be retained for a period of 12 months.
If we are instructed in relation to your legal matter, we will keep it in line with our data retention periods. Details of our retention period for your legal matter can be found within our Client Care Letter and/or Terms of Business, under the heading file retention.
Links to other websites
Our website may contain links to other websites of interest. However, once you have used these links to leave our site, you should note that we do not have any control over that other website. Therefore, we cannot be responsible for the protection and privacy of any information which you provide whilst visiting such sites and such sites are not governed by this privacy statement. You should exercise caution and look at the privacy statement applicable to the website in question.
You can set preferences for how Google advertises to you using the Google Ad Preferences page, and if you want to you can opt out of interest-based advertising entirely by cookie settings or permanently using a browser plugin.×