Contentious probate is the term used to describe any kind of dispute arising out of a will or intestacy (when someone dies without making a will). It is often known as contesting a will.
Our team of experts is experienced in dealing with all types of contentious probate issues and act for claimants, personal representatives, trustees and beneficiaries.
We offer free advice sessions on the following matters:
• claims under the Inheritance (Family and Dependants) Act
• incorrectly written wills
• improper execution of the will
• disputes over the terms of the will
• claims against the estate, executors and/or trustees
• disputes over the running (administration) of an estate
We also advise where, for whatever reason, insufficient provision or no provision at all is made for those left behind. If you find yourself in this situation we can help you apply to the court for an appropriate award from the deceased’s assets. Getting prompt advice is essential as there are time limits for making such applications.
We understand that taking such steps can be very distressing and can lead to family disputes. We attempt to alleviate those concerns whilst offering impartial advice on whether or not to consider taking legal action. Often we find a problem can be solved quickly and easily with some common sense advice.
However, if legal action is required we have experience in challenging and defending the validity of wills. This is a complicated area where careful preparation and a clear understanding of the rules is necessary. This is particularly so if we need to establish that a will has been made under undue influence or that there was, at the time, a lack of capacity.
Robert is a member of the Association of Contentious Trust and Probate Specialists (ACTAPS).