Charity Legacy Dispute Solicitors in Reading, Henley-on-Thames & Wokingham

We aim to respond to enquiries the same or next day where possible (subject to weekends, holidays and bank holidays).

Disputes concerning Wills come in many shapes and sizes, but the most common fall into two main categories; challenges to the validity of the Will itself (so seeking to overturn the Will in favour of an earlier Will, or intestacy where there is no valid earlier Will); and claims under the Inheritance (Provision for Family and Dependants) Act 1975 which seek “reasonable financial provision” from the estate. Read more.

We are experienced in advising regarding estates ranging in value from around £100,000 to complex multi-million pound estates involving property, business and other assets, including overseas elements.

In short, yes. Such disputes are becoming more and more common. Between 2012 and 2023, claims made under the Inheritance (Provision for Family and Dependants) Act 1975 surged by 127%. What's more, over the last four years, there has been a 30% increase in Contentious Probate cases proceeding to trial. 

Most of us expect that our affairs will be dealt with in accordance with our wishes as set out in our Will. However, that is not always the case. Read more.

An Inheritance Act claim, made under the Inheritance (Provision for Family and Dependants) Act 1975, allows certain individuals, including spouses, children, or financial dependants, to apply to the court for "reasonable financial provision" from a deceased person's estate, if they believe they have been unfairly excluded or insufficiently provided for by a Will or the rules of intestacy. The court will consider relevant factors including the claimant's and beneficiaries’ financial needs and resources, the size of the estate in question and any obligations the deceased had, in determining whether an award should be made. 

A claim under the Inheritance (Provision for Family and Dependants) Act 1975 must be issued within six months of the date of the grant of probate. Sometimes, an application can be made for leave to issue such a claim out of time, but there are limited circumstances in which such leave would be granted, so this six month timescale should be regarded as a strict deadline.

There isn't a strict time limit to challenge the validity of a will (e.g. due to lack of capacity, undue influence, want of knowledge and approval, improper execution or fraud). However, you should act promptly to prevent estate assets from being distributed, as it can be much harder to challenge a Will once the grant has been obtained and the estate has been distributed. Unjustified delay in challenging a will may also lead to the claim being dismissed on the ground of ‘laches’. 

For claims for reasonable financial provision under the Inheritance (Provision for Family and Dependants) Act 1975 or for the rectification of a Will, there is a strict six-month time limit from the date of the Grant of Probate in which to bring proceedings (see below in relation to the Court’s power to extend the six-month period in limited situations, though this should not be relied upon). 

It is important to remember that even the most straightforward estate will take some time to administer following a death; however, what can be done if you experience a problem or are facing a dispute because the executor of an estate is not complying with their obligations? Read more.

Yes, a Grant of Probate can be stopped before it is issued. The main mechanism for doing so is by lodging a caveat with the Probate Registry.

When someone loses the ability to manage their financial affairs, if they have not already appointed an Attorney using a Lasting Power of Attorney (LPA) or an Enduring Power of Attorney (EPA), it may be that an application to the Court of Protection is needed for a Deputy to be appointed. Read more.