Whether you are questioning the validity of a Will, feel that you’ve been unfairly excluded or insufficiently provided for by a Will or the Intestacy Rules, are concerned about the conduct of executors or are seeking advice relating to any other contentious Will or estate matter, our highly experienced team of Contentious Probate solicitors is here to help.
Dealing with the loss of a family member or loved one can be incredibly difficult. During such a challenging time - practically, emotionally, and sometimes financially - the last thing anyone wants is to be faced with a dispute involving the estate.
Unfortunately, such situations are becoming more and more common. In fact, between 2012 and 2023, claims made under the Inheritance (Provision for Family and Dependants) Act 1975 (on the ground of the Will or Intestacy failing to make reasonable financial provision for the applicant) surged by 127%. What's more, over the last four years, there has been a 30% increase in the number of disputed Wills cases ending up in court. Likely reasons for this include rising property values, more complex family situations, an ageing population that is living longer, more individuals living with health conditions such as Alzheimer's and Dementia (resulting in concerns around capacity) and a growing number of people with assets and interests located overseas.
When a person dies, their estate will be dealt with as detailed in their Will, or under the Intestacy Rules if a valid Will does not exist. If you do not believe that a Will expresses an individual’s true wishes or you believe it may be invalid (for example, on grounds of undue influence, lack of testamentary capacity, lack of knowledge and approval or improper execution), you may have grounds upon which to challenge the Will. If you have been left out of a Will or feel that you have not been properly provided for by the Will or intestacy, you may wish to consider a claim under the Inheritance (Provision for Family and Dependants) Act 1975.
We can advise you upon claims including challenging a Will (if you believe a Will may be invalid), claims for reasonable financial provision from an estate (if you believe that you have been unfairly excluded or insufficiently provided for by a Will or under the rules of intestacy) and disputes about how a property should be dealt with following an owner’s death.
Additionally, we can represent you if you have concerns about the conduct of executors or trustees (to include trustees of a trust or pension scheme). This includes situations involving delays in the administration of the estate, mismanagement, breaches of duty, or when it may no longer be appropriate for the executors or trustees to act.
For many years, we have also provided expert advice to leading charities in relation to legacy disputes. These typically arise when a charity is named as a beneficiary in a Will, but relatives or other beneficiaries choose to contest it (often seeking to reduce or entirely remove the charity’s entitlement) or to bring a claim for financial provision under the Inheritance (Provision for Family and Dependants) Act 1975.
