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Wills, Trusts Probate Disputes

Dealing with a death in the family can be one of the most stressful times in our lives. Having a dispute over their will or estate can be this time even more painful. Let our friendly, expert panel of solicitors help.

 

Our legal panel can advise on a whole array of disputes that occur when a loved one has passed away. They can advise whether you have a valid claim, for a whole range of estate and inheritance disputes in England and Wales. This includes:

  • Contesting a Will – When there is an issue with the Will itself
  • Contentious Probate – Where you are disputing how the estate is being administered
  • Inheritance Act Claims – If you have either been left out of a Will, or were not left as much as you thought you were entitled to
  • Trust disputes – Including disputes between beneficiaries and the potential removal of trustees
  • Professional Negligence – Where a solicitor has drawn up the Will improperly leading to more disputes

Our friendly Will, Trusts and Probate Dispute panel can offer a free initial consultation. They will talk you through your potential options, discuss the claim, and handle your will dispute from start to finish. They will always ensure that they have your best interests at heart.

If you would like to speak to one of our Will, Trusts and Probate Dispute panel, fill out our easy to use enquiry form today. One of our panel members will be right back in touch.

 

Contesting A Will 

If you have been left out of a will, or not received as much inheritance as you expected, you may have grounds to contest it. If you believe the will is not valid, forged, or the deceased did not have the mental capacity to sign the will when they were alive, you can also potentially contest it.

Our panel can bring forward a potential claim if you believe any of the below factors are present:

  • Fraud or forgery – Including faking a signature or making unauthorised changes
  • Lack of capacity – Mental capacity is needed to make a valid will
  • Lack of due execution – The will needs to be in writing, signed and witnessed
  • Lack of knowledge and approval of the will – Did the deceased understand the meaning of the will when signing it?
  • Undue influence or duress – Was the deceased forced or pressured into making or changing a will
  • Rectification and construction – Is the will ambiguous? Does it fail to carry out the deceased’s intentions or wishes?

If you believe any of the above criteria apply to you, it is vitally important that you seek legal advice from advisors as soon as possible.

 

Is there a time limit for contesting a will?

Usually, the time limit for contesting a will is six months from probate being granted. If more than six months have passed since probate has been granted, you may need to apply to the court for permission to start a claim.

 

Who Can Contest a Will?

Generally, you will have the right to challenge a will if you are a:

  • Direct family member (including children and grandchildren)
  • Treated as the deceased’s child (adopted, fostered, step-child)
  • Husband or wife
  • Civil partner
  • Someone who relied financially on the deceased
  • Beneficiary of the will
  • Individual promised something by the deceased, but was not included in the will

If you are unsure whether you are eligible to contest a particular will, our panel would advise getting in touch. No two dispute wills cases are the same, and each case will bring up different circumstances.

 

Contentious Probate

Having a scenario where the probate of the will is disputed can be strenuous, particularly if a loved one has recently died. This is why you need the right legal team to ensure you are properly represented and a fair outcome is delivered.

Contentious probate involves any dispute relating to the administration of the deceased’s estate. This might involve:

  • A dispute over the interpretation of the will
  • A dispute between executors or beneficiaries
  • A dispute of the value of the assets

Disputes can occur between both executors and beneficiaries, both of whom our panel can assist. Our contentious probate expertise involves:

  • Actions to remove executors – Where suitability is questioned, disputes involving the value of assets, or other concerns over the executor’s actions.
  • Applications to court to clarify the administration of the estate
  • Applications for executors/beneficiaries to be delivered assets
  • Applications for an inventory of the assets and an account
  • Subpoenas to produce the will and testamentary documents

Beneficiaries of a will are entitled to request and be provided with estate accounts or accounts showing their entitlement. In most cases, they should also be provided with a copy of the will. If an executor is refusing to do this, you make a potential contentious probate claim.

Additionally, if you are an executor who is facing a potential claim, our panel of solicitors can advise you to potentially avoid any long, drawn-out legal battles. Generally, these sorts of claims can be resolved before going to court.

If you are a beneficiary or an executor, speak to our expert Contentious Probate panel today to help get your probate issue resolved in a timely manner.

 

Inheritance Act Claims

If you were wrongly left out of a will, or didn’t receive as much as you believe you were entitled to, you may be able to bring forward an Inheritance Act claim.

The Inheritance Act 1975 allows eligible individuals to claim against an estate of a deceased person where “reasonable financial provision” has not been made for them under the terms of the will. Those who can make a claim are the same as those who can contest a will:

  • Direct family member (including children and grandchildren)
  • Treated as the deceased’s child (adopted, fostered, step-child)
  • Husband or wife
  • Civil partner
  • Someone who relied financially on the deceased
  • Beneficiary of the will
  • Individual promised something by the deceased, but was not included in the will

The deceased must have been living in England and Wales at the time of their death, and a claim must be brought forward within six months of probate being granted.

Our Inheritance advisors can guide you through this complex area of law if you believe you have been left out of pocket. This particular claim is usually settled outside of court through mediation, and our panel of solicitors will always try to resolve matters as much as possible through dispute resolution methods. Get in touch today to find out if you have an eligible claim.

 

Trust Disputes

Our expert Trust advisors can help resolve any matter involving a trust dispute, whether you a beneficiary or a trustee. Trust disputes can relate to any issue in regards to the administration of the trust.

Disagreements can arise between fellow trustees, or between trustees and beneficiaries. These disagreements may be related to costs, the value of the trust assets, or decisions about how the trust fund is to be used.

Our panel of solicitors can help you with a trust dispute if:

  • A trustee commits a negligent or fraudulent breach of trust
  • A trustee neglects their duty to administer the trust
  • A trustee ignores a breach of trust by a co-trustee
  • The trust document is vague and ambiguous
  • The person who set up the trust didn’t have mental capacity to do so
  • The trust doesn’t properly represent the settlor’s (person who set up the trust) wishes

Trust disputes can be relatively complex, and our panel would advise getting legal advice before proceeding. Negligent trustees and negatively affect the value of a trust and its assets, so it is vitally important you act quickly.

Our friendly panel can provide clear and straightforward advice on your next steps and options. Get in touch today to find out how our panel of solicitors can help.

 

Professional Negligence

Poorly drawn up wills or mistakes in a trust can cause massive complications for all involved, and often cause significant financial loss if not rectified. We rely on professionals to draft watertight wills and trusts, so if the advice you have received has been below par, you are entitled to file a professional negligence claim.

Our advisors can bring forward a professional negligence claim on your behalf against your family’s solicitor. Our panel can advise on all types of professional negligence claims relating to wills, trusts, and probate, including:

  • Improperly drafted wills
  • Improperly drafted trusts
  • Delays by the will-writer
  • Negligent probate advice
  • Negligent tax advice
  • Any other professional negligence matter relating to wills, trusts, and probate

If you believe the service you have received has been negligent, get in touch with one of our professional negligence panel to find out how they can help.

 

How Can ClaimExperts Help?

At ClaimExperts.co.uk we make bringing wills, trusts, and probate claims forward easy. We have an expert panel of solicitors that is regulated and authorised by the Financial Conduct Authority.

Our panel come from a finance and compliance background, meaning they understand where wills disputes are likely to arise. They can advise whether you have a valid claim for a whole range of estate and inheritance disputes in England and Wales.

We understand that these sorts of claims are not easy, as it usually involves the death of loved one. The stress caused by a potential will, trust or probate dispute claim can be softened by having the right legal team by your side, every step of the way.

Ready To Get Started?

ClaimExperts.co.uk provides a free educational service to the public, and connects potential claimants with pre-vetted legal firms operating on our panel. 

Our panel of legal firms all:

  • Operate on a No-Win, No Fee Basis
  • Require No Upfront Fees
  • Are Regulated by either the FCA or SRA

Start your claim today by completing the quick enquiry form below.

Will Disputes


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