The death of a loved one is inevitably upsetting and difficult to deal with. In the event that there is a dispute over the deceased’s estate, the distress is further increased at the worst possible time.
If someone you know has passed away, leaving a Will which was not what you expected and you have not been left what you anticipated, it may be possible to challenge the Will. If you have concerns that it is invalid or that yourself or another family member have been unfairly excluded, our specialist probate disputes lawyers may be able to help.
We can also assist in defending a claim brought against a deceased’s estate if you are an executor or beneficiary expecting a will to be upheld.
No matter the nature of your inheritance dispute, whether you are looking to bring a claim or defend a claim, our team of specialists can advise you on your case and discuss the funding options available to you. We can advise you on costs, timescales and chances of success.
Speak to a member of our specialist team today on 01740 646000 or complete our online enquiry form and we will contact you directly as soon as possible.
Inheritance Act 1975 claims
Challenging the validity of a Will
Estate administration disputes
Executor disputes
Trust disputes
Property and assets disputes
Caveats, warnings and appearances
Standing searches
Conducting a Will search
Court of Protection disputes
Under the Inheritance (Provision for Family and Dependants) Act 1975 (“the Act”), specific groups of people are able to bring a claim against an estate of a deceased person if they consider that they have not been left sufficient money for their continued wellbeing.
The following people are entitled to make a claim under the Inheritance Act:
If you fall into one of the categories listed above and feel that you have not been left sufficient money or property from the deceased’s estate, contact our specialist team on 01740 646000 or complete the online enquiry form. Our experienced and specialist lawyers will be able to advise you on the options available to you, costs and timescale involved and your chances of success.
Equally, if you are the executor or beneficiary of an estate faced with a challenge under the Inheritance Act, we would be happy to advise and assist in defending or settling any claim.
For a Will to be valid, certain specific formalities must have been met which include the following:
There are other challenges which can be brought against the validity of a will including lack of capacity or undue influence. The chances of succeeding in such cases depends largely on the evidence available from the time the Will was made, such as medical records or witness evidence.
If you have concerns about the deceased’s ability to have understood the terms of the Will they made, you may be able to challenge the Will based on a lack of mental capacity. Our specialist team can assist and advise on the position.
You might feel that someone coerced the deceased into changing their will. There may be a case of undue influence. Again, our expert team would be happy to consider the evidence and advise.
If you have any concerns about or wish to dispute or defend the validity of a Will, we will be able to review the Will and advise as to whether or not it is valid and what options are available to you. For expert legal guidance regarding the validity of a Will call us on 01740 646000 or complete our online enquiry form.
The administration of an estate can be a very complex and lengthy process. Disputes can arise, often when a beneficiary is concerned about the length of time taken to administer an estate, lack of information or the way in which it is being dealt with. If you are involved in a dispute regarding an estate, whether you are an executor or a beneficiary, our inheritance dispute specialists can advise and guide you on the best way to deal with your situation.
The Contentious Probate team is made up of:
Alison Leith – Partner and Solicitor
Joan Casson – Attorney
Rachael Walsh – Advanced Paralegal (MCILEX)
The team are based within our Wynyard Park office and can be contacted on 01740 646000 or by filling in an online enquiry form.
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