In an ongoing contentious probate case at member firm Moore Barlow, a Will Search Combined was used to validate the position of a potential claim under the Inheritance (Provision for Family and Dependants) Act 1975 that may be brought by the partner and step-children of the Deceased individual.
In this case study, the Deceased died prematurely and unexpectedly, and the only Will that could be located was from the 1980s and left his entire estate to an ex-girlfriend.
As a matter of first recourse, a Will Search Combined was conducted to try and locate any subsequent Will or caveat, including in geographical locations across the country and in the Isle of Man as the Deceased lived in several areas throughout their life.
No Will, registered or unregistered, was found. However this was expected and helps form part of the evidence for any claim.
Scott Taylor, a Partner at Moore Barlow, spoke about the usefulness of The National Will Register in this case and contentious probate cases in general, whether a match is found or not: “Our specialist Contentious Trusts & Estates team are recent members of The National Will Register and have found it a helpful resource. On each occasion, we have used the Will Search Combined function. Searching the National Will Register is straightforward using our online accounts.”
“Unfortunately, no Will was found on the Register or identified by local solicitors/Will writers. However, the Will Search Combined confirmed the position we assumed to be the case (that there was no subsequent or unknown Will) and allowed us to advise the Client and move forward with our claim.”
“The report produced can also be submitted as evidence to show the Court that despite our best efforts, no subsequent Will has been located and that no financial provision was made for our clients.”
“As such, we have found The National Will Register useful for contentious matters – as shown by the above case study – and we will continue to use it as and when appropriate.”
For more information about our Certainty Will Searches for estate administration and contentious probate click here. Or to find out more about Moore Barlow’s contentious probate services, you can find out more on their website by clicking here.