Contentious Probate Solicitors

Contentious Probate Claims

If there are problems with the way a loved one’s estate is being handled, it can cause more stress and upset.

Whether you are an executor or beneficiary, our experienced contentious probate solicitors can help:

• Interpret the will
• Value the assets involved
• Deal with an executor who is mismanaging or has mismanaged the estate
• Resolve disputes between beneficiaries

What is Contentious Probate?

Contentious probate describes any dispute about the administration of a person’s estate after their death.

Types of Contentious Probate Disputes

There are many types of disputes that can arise during the execution of a will.

These are the main types of dispute:

Will Disputes

Will disputes occur when there are questions over whether a will is valid or if it truly represents the wishes of the deceased.

You may have grounds to dispute a will if:

• It was not properly signed or witnessed.
• The deceased lacked the mental capacity to create a valid will.
• The deceased did not have the proper knowledge and approval of the will’s contents.
• The deceased was subject to undue influence or ‘Fraudulent Calumny’.
• It has been forged or you suspect some other type of fraud.

Correcting Mistakes in a Will

An error in a will can make it unclear as to what it means. This can leave it open to interpretation which causes friction between beneficiaries. It can also produce a different outcome to what the deceased might have intended.

In cases like these:

• The executors and beneficiaries may need to negotiate to resolve problems caused by ambiguous wording.
• You might need a court to determine what the will means. This is called ‘Will construction’.
• You may also need a court to correct a will. This is ‘Rectification’.

Inheritance Act Claims For Dependants Who Aren’t Sufficiently Provided For

Sometimes a a will may not make reasonable provision for the dependants of the deceased. In other cases, there might not be a will.

In this case, you might be eligible to make an inheritance tax claim in the Inheritance (Provision For Family and Dependants) Act 1975.

Lifetime Transactions and Gifts

If the deceased made significant financial transactions before they died, it could raise questions around fraud. Especially if another party unduly influenced them.

These gifts or transactions (often called ‘deathbed gifts’) can potentially be challenged. Especially if;

• They are of high value, either in themselves or relative to the total value of the estate.
• The deceased was coerced or unduly influenced.
• They lacked the mental capacity to make such a decision.

Executor Disputes

Executing a will is a serious responsibility and should be done with care and diligence.

If:

• People dealing with an estate cannot agree on how to execute it, or;
• There are concerns of the conduct of the executor or the estate administrator

It can have a big impact on the beneficiaries. As such, it is important to solve any issues or disputes quickly.

Trust Disputes

Trusts are often complicated to administer, especially when they involve high value assets or contain complex instructions.

If:

• Trustees cannot agree on how to administer an estate, or
• Have concerns about how a trust is being handled

it can result in a negative impact on the beneficiaries.

Making a Professional Negligence Claim Against the Will Writer

The standards of will writing services vary. Sometimes, even a professionally written will not stand up to scrutiny.
If a will:

• Contains mistakes
• Is not clear in its instructions
• Does not reflect the deceased’s true wishes, or;
• Is invalid

you might need to go to court for interpretation or rectification.

Court costs can have a negative impact on the value of the estate. If this is the case, you may have grounds to make a professional negligence claim against the will writer.

Why Choose Rothera Bray?

Our team includes members of the Association of Contentious Trust and Probate litigation Specialists (ACTAPS).

We have vast experience in helping our clients with all kinds of probate disputes.