Probate Dispute Solicitors

Our probate dispute solicitors specialise in assisting clients with all types of probate disputes. We understand how sensitive these matters can be, and we provide practical, cost-efficient advice aimed at settling the issue as swiftly as possible and maintaining important personal relationships.

Please call us now on 01603 672222 for a no-obligation conversation today or Click Here To Make An Online Enquiry.

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What Is Probate?

Probate is the right to deal with someone’s estate when they have died. If the deceased person left a Will, they will have named specific individuals to act as their executors and administer their estate in accordance with the terms of the Will. If the deceased person died ‘intestate’, meaning they did not leave a Will, family members can apply for the role of administrator and administer the estate in accordance with the Intestacy Rules.

Losing a loved one is never easy, and with emotions already running high, it’s perhaps unsurprising that probate disputes are not uncommon.

What Do Our Probate Dispute Solicitors Do?

Our probate solicitors deal with probate disputes of all types and complexities. Just some examples of the sorts of cases we regularly deal with include the following:

• Claims Regarding The Validity Of The Deceased Person’s Will.

Given the crucial role played by Wills, they must satisfy various legal requirements to be valid. For example, the person who left the Will, known as the ‘testator’, must have made the Will voluntarily and must have been of sound mind.

When the terms of a Will come as a surprise to the testator’s loved ones, they may suspect that everything is not as it should be. For instance, if the testator left sizeable gifts to someone they had only known for a short time before their death, their loved ones may believe that the beneficiary had placed undue influence on the testator. In cases such as these, there may be grounds for them to challenge the validity of the Will.

If a challenge to a Will’s validity succeeds, the deceased person’s estate will be distributed in accordance with the terms of any earlier Will. If no earlier Will exists, the estate will be administered according to the Intestacy Rules.

• Claims Relating To The Actions Of An Executor Or Administrator.

Executors and administrators play a crucial role in the probate process. They are responsible for the administration of the deceased person’s estate and must ensure that the beneficiaries receive all they are entitled to. It can be an extremely complicated task, and issues sometimes arise. Often, those issues result from a genuine inability to carry out the role, for example, due to a lack of time or understanding. Occasionally, though, they result from an executor or administrator deliberately mismanaging the estate for their own or someone else’s benefit.

If beneficiaries suspect that an executor or administrator is not carrying out their role with the care and skill expected of them by law, they can take legal action to remove them from office and force them to make good any losses the estate has suffered.

• Inheritance Act Claims.

An overriding principle of wills and probate law is that a person can leave their assets to whoever they wish. The courts are hesitant to intervene and change the terms of a Will, even if the deceased’s wishes disappoint their loved ones. However, there are certain limited circumstances in which a Judge may alter the terms of a Will.

The Inheritance (Provision for Family and Dependents Act) 1975 allows specific individuals to challenge the distribution of a deceased person’s estate if it does not provide ‘reasonable financial provision’ for them. The individuals eligible to make such a claim include the deceased’s spouse or civil partner, their children, and anyone who was financially dependent on them during their lifetime.

To succeed in an Inheritance Act claim, anyone except for the deceased person’s spouse or civil partner must show that, without help from the estate, they will be unable to meet their basic maintenance needs. When considering a claim by a spouse or civil partner, a Judge can take the couple’s lifestyle into account when deciding whether the deceased’s Will makes ‘reasonable financial provision’ for them.

If an Inheritance Act claim succeeds, the Court can make a variety of orders, including the payment of a one-off lump sum or regular payments to the successful party, or the transfer of estate property.

Why Choose Our Probate Dispute Solicitors?

Our specialist probate dispute solicitors couple their exceptional legal expertise with a personal touch. We view litigation as a last resort and we frequently secure excellent outcomes for our clients without the need for Court proceedings. We will guide you through the process with sensitivity and empathy, protecting your interests every step of the way.