Disputes about Wills and Probate
Sadly, disputes over the Will or estate of loved ones are very common. If you find yourself in a dispute about a family members Will, or the way in which their estate is being dealt with, we can assist you.
Our Solicitors have the experience and expertise to help you to resolve the dispute. We can represent you in Court proceedings should they become necessary and we will give you practical legal advice on how to proceed.
Inheritance can be a complex issue; the rules are different depending on whether the deceased left a Will or dies Intestate. The issue of who is ‘entitled’ to inherit can become more complex when someone may have had more than one family, for example through multiple marriages.
Our solicitors can assess your situation and set out clearly who should inherit, according to either the Will, or the Laws of Intestacy when the deceased did not leave a Will.
This is a complex area of law and you should always seek expert legal advice. Our solicitors can help with all areas of contested probate. Below are a few examples of where disputes commonly arise:
A Will is invalid
A Will can be invalid if it was not made following the correct procedures set out in law. These include specific rules on things such as how the Will was witnessed.
The deceased estate is not being administered correctly
This is where the people nominated to deal with the distribution of the deceased assets are not following the instructions in the Will, or are not following the rules of Intestacy where there was no Will.
Not providing for financial dependants in a Will
The person making the Will can leave their assets to whoever they like. However, if they have not provided in the Will for someone who is financially dependent on them (such as a young child, for example), it may be possible to make a claim against the estate.
The person making the Will was placed undue influence
If it can be shown that the person making the will was overly pressurised or made or amended the Will under duress, for example to include or exclude a person from the Will, it may be possible to challenge the Will.
The person making the Will lacked mental capacity at the time of making the Will
Many elderly people suffer from diseases such as Dementia or Alzheimer’s, which may affect their mental capacity. This can result in challenges as to whether they were in a fit state to make the Will and whether they understood what they were doing.
Please contact us for advice on any of the above issues or for anything else relating to Wills or Probate.