After someone passes away, the usual procedure is that if a Will has been left the executor applies for a grant of probate, and if no Will has been left someone connected to the deceased or their estate applies for letters of administration. Once those have been issued, that person then deals with the administration of the esate, collecting in assets, paying off liabilities (such as inheritance tax, funeral costs, capital gains tax, mortgages and credit cards debts), and distributing the deceased’s property, belongings and other assets in accordance with the Will or Intestacy Rules.
Disputes often arise over the validity of the Will and the rights, duties and entitlements of the beneficiaries and executors, and who is to inherit the estate’s property. When this happens, a party will want to stop the process of the administration of the estate from continuing and for the Court to intervene.
Our solicitors are ranked in the Legal 500, holding accreditations with the Association of Contentious Trusts and Probate Specialists (ACTAPS). They have years of experience dealing with a wide range of disputes relating to probate, estates and Wills, including:
Our probate solicitors have dealt with countless probate claims, including many which do not fall into the categories above. If you are involved in an estate and something does not seem right, contact one of our experts to discuss how we can help.
It is important to take legal advice as soon as possible because there are time limits which apply to inheritance claims which you must comply with. A successful challenge to a Will might result in an older Will be declared valid, a deceased’s assets being distributed under the intestacy rules, or a broken promise made many years ago being enforced by the Court. Common reasons for bringing an inheritance claim include where someone believes the person who made the Will lacked mental capacity, or where a spouse, child or dependant has been unfairly left out of a Will. If you find yourself in this position, contact one of our experts for a free, no-obligation consultation.
Yes. A child with an interest in an estate can bring a probate claim, but they will need to have a litigation friend – usually a parent or a guardian – appointed to represent the child’s interests, make decisions for them and instruct their solicitors.
We are proud to be able to offer a range of funding options to people who have a strong claim but may not be able to privately fund their case or who need some support with paying the legal fees associated with obtaining advice and bringing a claim. Each case is different, so once we have reviewed your claim we will let you know whether it is suitable for any funding support.
We do not deal with non-contentious probate work, but contact us today and we can put you in touch with a local firm of solicitors who specialise in estate administration services.
Please call us today on 02920 829 100 for a free initial chat to see how our contentious probate solicitors can help you. Alternatively, you can send us an online enquiry and we’ll get back to you shortly.
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