We are all free to leave our worldly goods (our estate) to whoever we like. However, that is sometimes a recipe for trouble. With more divorces, people living longer, people living together without getting married, estates being worth more and so on it is perhaps not surprising that there are many more challenges brought over the validity of Wills and the lack of provision made for those left behind. Whether you are challenging a Will or the provision made for you, or defending a Will’s validity we have an experienced team who can help you through this unfortunate and distressing time.
Our specialist team has over 30 years of experience dealing with all types of disputes arising from Wills & Probate, trusts and estates. We both bring and defend claims. Within the department we have the experience of dealing with all sorts of challenges which fall under the umbrella of contested probate.
Claims may arise as a result of disputes regarding:
- disputes about the terms of a Will or trust
- disputes about the administration of a Will
- disputes where there is no Will and the law of intestacy applies
- negligence in the drafting of Wills or negligence in the administration of estates or trusts
- proprietary estoppel
- mutual wills
- constructive trusts.
You may have expected to benefit from a will but been left nothing or less than you expected or the intestacy rules may mean you get nothing – especially if you are an unmarried partner of the deceased. In these circumstances you may have an“Inheritance Act” claim which is another way of challenging the Will. It may be accepted that the Will is valid but there will still be a dispute as to who should be the executors and obtain probate or if there is no Will who should be the administrators. Sometimes probate or administration has already been granted but you wish to challenge it; we can help to have the grant revoked. It is also possible to apply to rectify the Will, to make it say what, but for a mistake, it should have said.
We understand that court proceedings and a trial should always be the last resort. Our solicitors are experienced in alternative dispute resolution and include qualified mediators. When court proceedings cannot be avoided we have solicitor advocates able to represent you in both the County Court and the High Court.
We will discuss costs of the matter with you and where appropriate will consider acting for you on a “no win no fee” basis.