Contested Will challenge

Assisting with a contested Will challenge where the Claimant was facing a court application

Hayley Bundey, a specialist inheritance disputes solicitor, was consulted on a contested Will challenge that had already been commenced by an elderly and vulnerable client who had not taken specialist legal advice.

The relationship between the client and the executors had broken down so badly that the estate had applied to the court for a “Cobden-Ramsay” order.

A “Cobden-Ramsay” order is sometimes known as a “put up or shut up” order. It is used when someone who is bringing a contested Will challenge fails to pursue their claim and causes delay in the administration of the estate. The Cobden-Ramsay order requires the claimant to pursue their claim by a specified deadline, failing which the estate is free to be administered in accordance with the Will.

This was a very sad case as the client had inadvertently got herself into this position, and the estate felt that the only course of action open to it was to apply for the Cobden-Ramsay order from the court.

Our priority was therefore to extricate the Claimant from the position she found herself in, with a hearing scheduled for just two months time and facing the likelihood of a costs order being made against her.

We were able to work sensibly with the executor and managed to agree a ‘consent order’ that allowed for the hearing to be cancelled.

The client and her daughter were delighted with the outcome, as they were worried that she might face severe costs penalties if the court application had gone ahead.

This case shows the importance of seeking specialist legal advice if you find yourself in a tricky situation with a contested Will as soon as possible.

We acted for this particular client on a privately funded basis, but we also offer various other funding options, such as no win, no fee agreements and deferred funding agreements, to help clients manage the costs of seeking specialist advice to protect their interests.

If you would like a free consultation to discuss how our team may be able to help with your contested Will challenge, simply phone us on 0333 888 0409 or send us brief details by email at [email protected]

Contested Will challenge