Probate Litigation

At Simper Law, our leading Wills and Probate department has an outstanding reputation in the field of probate litigation. Whether you are an executor, administrator, beneficiary, or anyone else in need of assistance with a probate litigation matter, we are on hand to provide the advice and support you need.

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What Is Probate Litigation?

The term ‘probate litigation’ refers to any legal dispute arising from the distribution of the estate of someone who has died. It encompasses a wide variety of issues, including the following:

• Challenges Over The Validity Of A Will.

While you cannot challenge the validity of a person’s Will purely because you are disappointed by its terms, there are a few situations in which you may dispute a Will’s validity. They include the following:

The Will does not fulfil the formal legal requirements.
The person making the Will (known as the testator) did not have the requisite mental capacity at the relevant time.
The testator was unaware of the Will’s contents and did not approve them.
The Will is a forgery.
The testator was subjected to undue influence when making the Will.

If you successfully challenge a Will, the deceased person’s Estate will likely be distributed in accordance with the terms of any earlier Will or the Intestacy Rules.

• Inheritance Act Claims.

A testator is entitled to leave their assets to whomever they choose. You cannot dispute the terms of a Will because it does not provide for you as you had hoped. However, in limited circumstances, you may be able to make a claim based on the fact that the Will does not make reasonable financial provision for you. These types of claims are made under the Inheritance (Provision for Family and Dependents) Act 1975.

Only specific categories of individuals can make a claim under the Inheritance Act, and anyone other than the deceased’s spouse or civil partner must show that they cannot meet their basic living expenses without help from the estate. If you were financially independent of the deceased when they were alive, your claim will likely fail.

• Claims Arising From The Management Of The Estate.

A testator will nominate individuals to act as executors and distribute their estate in accordance with the terms of their Will. An executor holds a position of trust and is subject to several strict legal duties, including a duty to carry out their role with care and attention. If you are concerned about the actions of an executor, you may be able to take legal action against them for their breach of their legal duties.

Examples of the kinds of issues that may arise in connection with the administration of an estate include the following:

An executor failed to deal with the estate’s tax liabilities.
The executor’s actions caused losses to the estate.
The executor did not distribute the estate in accordance with the terms of the Will.
The executor sold estate property at a reduced value.

How Can Our Probate Litigation Team Help?

Probate litigation is notoriously lengthy, expensive and inherently uncertain. The fact that it often arises shortly after those involved have lost a loved one can exacerbate the grief and stress they already feel and place important relationships under considerable strain.

At Simper Law, we firmly believe that our clients’ time would be better spent on coming to terms with their loss than on protracted Court proceedings. That’s why we always strive to resolve probate litigation as swiftly and cost-efficiently as possible.

Our clients are often relieved to discover that there are several ways in which we can resolve probate litigation that do not necessitate them attending Court hearings. Our probate litigation team are expert negotiators and frequently achieve excellent results through negotiations with the other party’s legal advisors. Where negotiations do not yield results, our probate litigation specialists might recommend you explore alternative dispute resolution methods, such as mediation.

Mediation involves the parties seeking to resolve their issues on mutually agreeable terms with the help of a third-party mediator. Mediators are highly skilled professionals, often with a legal background in probate litigation. The parties retain control of the mediation process and can choose when and where it takes place and the mediator they would like to instruct. Your probate litigation solicitor will accompany you to the mediation to help you put your position across and advise you on any settlement terms proposed by the other side.

Mediation is quicker and cheaper than litigation and places far less pressure on the parties. Furthermore, it is less acrimonious, so it can preserve the parties’ relationships.

Whatever method you choose to resolve your probate litigation matter, we will guide you through the process with care and empathy, offering straightforward legal advice in plain English throughout.