Losing a loved one is difficult enough without the disputes and problems that can occur when dealing with their estate. Our contentious probate solicitors in Nottingham are experts in all areas of probate law, including Will disputes, Inheritance Act claims and contesting when there is no Will.
Call us: 0115 947 4500
Our client testimonials
[Testimonial]
Where are we based
- Nottingham Office
- Castle Heights
- 72 Maid Marian Way
- Nottingham
- NG1 6BJ
Our Nottingham office is located on Maid Marian Way – the inner ring road around the city centre – next to Ludorati Café and directly opposite Ye Olde Salutation Inn. We are just a 3-minute walk from Nottingham Castle and 8-minute walk from Nottingham Railway Station.
Parking
If you are travelling by car and in need of parking, we recommend using the NCP Car Park (NG1 6AE), which is located just down the road from our office on Maid Marian Way.
What is contentious probate?
Contentious probate refers to any type of dispute involving the administration and distribution of an individual’s Will and estate after their death.
Contentious probate can cover a wide variety of disputes, including over the interpretation or validity of a Will, the value of the estate, how the estate is to be divided, claims against the estate from individuals left out or not adequately provided for and disagreements between Will beneficiaries and executors.
How our contentious probate solicitors can help
If you believe that your loved one’s estate is not being taken care of properly or in accordance with their final wishes, then our contentious probate solicitors can help.
We are experts in resolving disputes related to Wills and cover the full spectrum of contentious probate law. Our team can offer legal advice and representation whether you are an individual wishing to contest a Will or someone dealing with a legal challenge.
As lawyers with decades of experience, we understand how important it is that someone’s legacy is carried out correctly, and therefore will work to ensure that your best interests and the value of the estate are protected. Our solicitors can deal with various estate types – including those with complex wealth structures, trusts, overseas properties and rural lands – and if necessary, can also work with our colleagues across other departments to help you resolve other legal issues relating to an estate such as inheritance tax, international law and environment and planning.
With offices in Nottingham and across the UK, our solicitors are well positioned to help you and your loved ones resolve your contentious probate issues – no matter the nature of your dispute. For more information or to speak to one of our solicitors, call 0115 947 4500 or fill in the contact form below to arrange a call back from our team.
Our contentious probate services
Will & Trust Disputes
Our contentious probate solicitors in Nottingham can advise on all types of Will and trust disputes, including (but not limited to):
- Wills that did not follow correct procedure (i.e. being signed and witnessed) and are therefore legally invalid
- Wills that were created by someone who did not have the mental capacity to create a valid Will (e.g. sufferers of dementia)
- Wills created by someone who you believe was forced or coerced into writing their Will a certain way
- Wills that you suspect are forged or fraudulent
- Wills where you or one of your dependents were left out of the Will unfairly or were insufficiently provided for (see Inheritance Act Claims for more information)
- Interpretation of a Will when there has been a mistake in its writing, or the wording of the Will is ambiguous
How your case is resolved will depend entirely on the type on dispute you are facing. Often Will disputes can be resolved simply through mediation sessions, where our solicitors will sometimes sit with the other side and represent your best interests on your behalf.
However, cases where there is question around the Will’s validity may require additional sourcing of evidence (such as medical records if you believe your loved one lacked mental capacity to write a valid Will, or handwriting experts if you suspect a Will is fraudulent or forged).
Our solicitors will advise you on your options for resolving your trust or Will dispute and will offer support and guidance through every step of the process, including if your case needs to go to Court. To discuss your case confidentially with one of our contentious probate solicitors in Nottingham, call us today on 0115 947 4500 to arrange a no-obligation consultation.
Contesting a Will
If you have reason to believe that the Will of your loved one should be considered invalid, our Will dispute solicitors in Nottingham can help you successfully contest a Will and reverse any negative impacts it can have.
Our team of contentious probate specialists can help you challenge a Will if you can prove it fulfils one of the grounds for contest. Some of these include:
- Fraudulent or forged Wills
- The Will testator did not have the mental capacity to understand what they were doing
- The Will testator was unduly influenced or coerced into writing their Will a certain way
- The Will did not follow correct procedure to make it legally valid (such as two witnesses, signatures etc.)
- Rectification (when a mistake is present on the Will that causes its interpretation to be confusing)
Our team can advise on whether your case is eligible for Will contest and can recommend ways to source evidence that would help support your grounds for contesting successfully. Our contentious probates solicitors in Nottingham are experts at helping clients navigate the complex laws surrounding contesting a Will and have a high success rate for winning cases.
If the Will in question does contain mistakes, then we can also help with interpretation of the Will; ensuring that all parties involved are treated fairly and that your best interests are protected. For more information, call 0115 947 4500 to speak to one of our team and arrange a confidential, no-obligation consultation.
Contesting when there is no Will (Intestacy)
There are special rules in place for dealing with estates of people who have died without a Will (also known as intestacy). However, if these rules do not reflect what you believe your loved one would have wanted, it is possible to make a challenge before the estate is distributed.
Traditionally, the rules of intestacy set out that if an individual dies without a Will, then their estate will be shared amongst their spouse or civil partner, followed by children, grandchildren, and close relatives. If there are no surviving relatives, then the estate passes to the Crown (bona vacantia).
Unmarried partners, close friends, relations by marriage and people who worked closely with the deceased (such as carers) are not eligible to inherit under the rules of intestacy. However, you may be able to apply for financial provision from the estate if you can prove you were financially dependent on the deceased.
Our contentious probate solicitors in Nottingham can arrange a confidential consultation via phone, video call or face-to-face to discuss your case and assess the likelihood of you being deemed eligible for financial provision. Get in touch by calling 0115 947 4500 or by filling out the contact form below.
Challenging a Will’s validity
Our Wills and probate department can help you challenge a Will if you have doubts about its validity.
A Will can be deemed invalid if it was:
- Forged or is fraudulent
- Written by someone who was pressured or influenced to write it a certain way
- Did not meet due execution (e.g. signed before two witnesses – neither of whom can be beneficiaries of the Will)
- Written by someone lacking the mental capacity to understand what they were agreeing to
If you believe that your loved one’s Will is invalid due to any of these reasons, then our contentious probate team can advise on the evidence needed to prove these grounds and represent you in a challenge. Get in touch to discuss your case confidentially.
Inheritance Act Claims
Our contentious probate solicitors in Nottingham can act as your legal representative when making an Inheritance Act claim. Spouses, partners, children, and other dependents of the deceased can make Inheritance Act claims if they:
- Have been excluded from the Will
- Are struggling financially due to not being provided adequately for within a Will
- The rules of intestacy from a lack of a Will have resulted in you not receiving your fair share of an estate
Our solicitors can offer an assessment of your case to determine the likelihood of your Inheritance Act claim being successful and legal representation should you wish to pursue challenging the estate.
Challenging a Will Executor or Estate Administrator
An executor has a legal responsibility to, amongst other duties:
- Distribute any assets to beneficiaries named in the Will
- Preparing necessary accounts
- Settling any outstanding debts
If a Will executor is neglecting or failing in their duties in some way, you can legally challenge them and even have them removed from their position. Our contentious probate solicitors in Nottingham are experienced with representing clients challenging executors, and if successful in having them removed, can replace them as your newly appointed executors to ensure that the estate is dealt with fairly and in accordance with the wishes of the deceased.
Representing against Will claims
Losing a loved one can be one of the most difficult life experiences you can face, especially if you are facing legal challenges (such as Inheritance Act claims or Will contests) against their estate by other parties.
Our contentious probate services include representation for those facing unfounded or unfair claims against a loved one’s estate and cover all parts of the process; from preparing documents and evidence to support your case, mediation with the other side and support during Court proceedings.
Call us on 0115 947 4500 to arrange a meeting with one of our lawyers and we will put forward a plan of action to help defend you against the Will claim.
Representing Challenged Executors
Our contentious probate solicitors in Nottingham can represent Will executors if they are facing a legal challenge that is threatening to compromise the testators wishes or remove the executor entirely from their role.
If you are facing a challenge against a Will you are overseeing or accusations claiming that you are not fulfilling your executor role properly, our lawyers can act as your legal representative to try to resolve the issue outside of Court; helping you save time, stress and high legal costs.
If your case cannot be resolved and requires Court intervention, then our solicitors will support you through every part of the process by preparing your documents and evidence, going over questioning that you may face in the stand and appointing a barrister to represent you.
For further advice get in touch with our Nottingham office and we will arrange a call back from a member of our contentious probate team.
Proprietary Estoppel
Disputes often arise when a Will does not reflect a promise made by the deceased prior to their death. However, it is possible for someone to enforce that promise, which is where our solicitors can help.
Proprietary estoppel is a niche area of contentious probate law; however, our contentious probate solicitors have experience of representing and winning cases where our client has successfully proven that a promise was made to them and that their reliance on the promise resulted in their detriment.
Our specialised team can help you determine if your case is eligible for proprietary estoppel and advise on the type of evidence you need to support your claim. Our solicitors are trained to support clients through every stop of the legal process, including if your case reaches the Courts. To find out more, fill in the contact form at the bottom of this page or call 0115 947 4500.
About Buckles Solicitors
Buckles Solicitors are a full-service law firm providing a comprehensive range of legal services to businesses and individuals both in the UK and overseas.
From our offices in Cambridge, London, Nottingham, Peterborough, Stamford, Paris and Milan, we deliver effective and practical legal solutions for clients across 15 service areas, from contentious probate and Will disputes to niche specialisms such as international law.
We are committed to providing clients with clear and concise legal advice combined with the absolute best client experience, and many of our clients have come to us from recommendations and referrals from existing contacts.
Frequently asked questions
Contesting when there is no Will
