Probate and will disputes

After somebody dies a dispute may arise about the validity of the last will they signed. Sometimes it requires court proceedings to determine whether the will should be admitted to probate.

For many people contesting the will of a relative or making a claim in respect of a trust or estate can seem daunting. You may need to deal with some very sensitive issues.

We regularly assist people who have been appointed as an executor and are experiencing problems with their co-executors about how to deal with certain assets. You may also find yourself in a position where your decisions are being challenged by one or more of the beneficiaries. They could be arguing that you are taking too long to deal with the estate or they have a claim for a larger share, for example.

Some wills can create trusts. Sometimes issues arise between executors and trustees. We can also assist in these cases.

When someone dies and the contents of their will are revealed, you may find that you are surprised or even shocked by the distribution of the assets. The law provides a great deal of freedom to a will-maker to choose the people who benefit under the will even though, in some cases, this may appear unjust. If you feel a will is unfair or does not adequately provide for you, we can tell you if you can make a claim against the estate under the Inheritance (Provisions for Family and Dependants) Act 1975.

Similarly, if there is no will and you feel the distribution of the estate under the rules of intestacy is unfair or does not adequately provide for you, we can tell you if you can claim against the estate.

If you would like assistance in this complex area of law, our experienced solicitors will give you sensitive and pragmatic advice. We have a proven track record of resolving these sorts of disputes without the expense and stress of going to court and believe that court action should only ever be contemplated as a last resort.

Call us on 01843 234000 or email us using the contact form on this page if you would like advice.