Settlement Negotiations

Whether you are defending a Will challenge or defending a Will contest (family provision claim) all parties are always able to settle the dispute if they agree to do so. There are however two exceptions to the rule… as follows:

Family Provision

Family Provision settlements require the approval of the court if there is a child (under 18 years) involved or one of the parties otherwise lacks capacity. Also the court must approve any agreement designed to stop a claimant ever attempting to claim again.

Challenging the validity of a Will

Challenging the validity of a Will settlements also require the approval of the court. Parties to a dispute have no right to change what the will maker had provided in his or her will. The court will only approve a settlement if the judge investigates the documents and agrees the will is not valid.