Disputes about Wills and Probate
If you have a dispute about a family members Will, or the way in which their estate is being dealt with, we can help. Our Solicitors have the experience and expertise to help you to resolve your dispute. We will give you practical legal advice on how to proceed, and we can represent you in Court proceedings should they become necessary.
Inheritance can be a confusing issue, the rules are different depending on whether the deceased left a Will or did not. 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 the situation and set out 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 advice. Our solicitors can help with all areas of contested probate, including:
A Will may not be valid if it was not made following the correct procedures set out by law. These include how the Will was witnessed.
Deceased estate not being administered properly
This is where the people dealing 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.
The person making the Will can leave their assets to whomever 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.
Placing undue influence on the Will maker
If it can be shown that the person making the will was overly pressurised, for example to include or exclude a person from the Will, it may be possible to challenge the Will.
Lack of mental capacity to make a Will
With more and more elderly people suffering from diseases such as Dementia or Alzheimer’s, which may affect their mental capacity, this can bring rise to challenges as to whether they were in a fit state to make the Will and whether they understood what they were doing.