Probate Dispute Solicitors Cardiff

When someone dies, there is always a risk that a dispute might arise over who inherits their assets, even if they made a Will, or about how their estate is being dealt with. During this difficult time, having Darwin Gray’s specialist support on your side to guide you will make the process as efficient, stress-free and cost-effective as possible.

What does a probate dispute involve?

What does a probate dispute involve?

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.

What sorts of probate disputes do you deal with?

What sort of probate disputes do you deal with?

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:

  • Contesting a Will: where there is reason to believe that a person’s last Will is not valid, challenging a Will can result in the Court declaring the Will invalid, leading to a person’s assets being distributed according to an earlier Will.
  • Challenging estate accounts: the person responsible for the administration of a deceased person’s estate must keep a financial record of all the assets they collect in, the liabilities they clear and the distributions they make, known as estate accounts. If the estate accounts do not look right – for example if assets are missing or certain beneficiaries are being unfairly treated – it is possible to challenge the estate accounts, meaning the personal representative will be required to correct the accounts and provide an accurate copy to the Court.
  • Inheritance Act claims: if a Will fails to make financial provision for a close family member or for someone who was financially dependant upon the deceased before they passed away, a claim under the Inheritance Act could ensure that the person is provided for out of the estate.
  • Removing personal representatives: occasionally, personal representatives appointed to deal with the estate administration are not suitable to carry out the role. They might lack the knowledge and expertise, they might be acting in an underhand or suspicious manner, or they might be letting a family disagreement cloud their judgment, resulting in them breaching their duties as executor or administering the estate incorrectly. When that happens, it is possible to apply to have them removed and replaced, in order to protect the estate assets and the beneficiaries.

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.

I am considering contesting a will. What do I need to do?

I am considering contesting a Will. What do I need to do?

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.

can a child bring a probate claim?

Can a child bring a probate claim?

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.

do you offer no win no fee arrangements?

Do you offer no-win, no-fee arrangements?

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.

Do you deal with applying for a grant of probate and estate administration?

Do you deal with applying for grant of probate and estate administration?

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.

Contact us today

Contact us today

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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Mike Raymond
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