Contentious Probate and Claims
This is an area of law that relates to disputes that can arise when someone has died, in particular in relation to dealing with a deceased person’s estate.
We have experience and expertise in dealing with a range of disputes and claims, including:-
- Validity of the will – there are certain circumstances where a will made will be deemed invalid.
- Interpretation of the will
- Valuing the assets
- Property ownership
- Alleged debts owed by the deceased or outstanding claims that then require pursuing on their behalf
- Claims under the Inheritance (Provision for Family and Dependants) Act 1975. This Act empowers the court to make orders in favour of eligible claimants where inadequate financial provision has been made for them under the terms of a will or where there is no will at all under the intestacy rules.
Who is eligible to claim under the Act?
- the spouse or civil partner of the deceased
- the former spouse or civil partner of the deceased (as long as that person has not remarried/entered into a subsequent civil partnership)
- a person who, for the two years before the death, was living with the deceased as if they were a spouse or civil partner
- a child of the deceased
- a person who was treated as a child of the family by the deceased
- any other person who was being maintained, wholly or partly, by the deceased immediately before their death.
If you are an executor of a will you stand in the place of the deceased to ensure that their wishes are carried out. This also means that any claims against the deceased or his/her estate can be brought against you. This can be extremely daunting without the advice, support and representation from us.
Contact us promptly in the event of requiring advice in this area. It is often necessary to take immediate steps to protect your position.
We offer an initial consultation at any of our offices with a qualified lawyer, after which we will be able to provide a costs estimate for the work. We provide sympathetic advice and support as we understand that losing a loved one is difficult enough without then having to deal with a dispute or claim.
It is always our aim to resolve any dispute as swiftly as possible and therefore incurring the minimum of costs to you, whilst at the same time priding ourselves on achieving the best possible outcome. In nearly all the cases will deal with disputes are resolved without the need for formal legal proceedings due to our expert negotiation skills.
