Solicitors with expertise in Disputing Probate, Handling Estate Conflicts, and Contesting Wills.
Handling conflicts over probate and contested inheritance or wills can be a complex endeavour. It’s vital to choose a solicitor specializing in this field of law to ensure your case is skilfully managed.
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Contesting a Will involves legally questioning its validity. This can occur if the Will wasn’t created following legal protocols, doesn’t accurately reflect the deceased’s wishes, was made without the necessary mental capacity, or was influenced by coercion. A Will can also be contested if it’s suspected to be a forgery.
Disputes can also emerge from disagreements over the proper interpretation of the Will’s wording.
CONTESTED PROBATE: SECURE YOUR FAMILY’S FUTURE WITH TIMELY ACTION. TIMEFRAME MATTERS
Swift action is crucial in contested probate situations. Engaging a solicitor with specialised expertise promptly is vital. The timeframes for pursuing will contest cases are governed by the Limitation Act 1980 and vary based on the nature of the claim. It’s important to note that these time limits are strictly enforced, underscoring the urgency of seeking specialised legal counsel at the earliest.
While specific timelines differ, here are the primary time limits for various contested probate claims:
- If you’re a beneficiary contesting an estate – a 12-year window starting from the testator’s date of death.
- For a maintenance dependency claim under the Inheritance Act – a 6-month period from the probate grant.
- In cases of will fraud – there is no fixed time limit when fraud is involved in relation to wills.
Our advice is straightforward: don’t jeopardise your chance to assert your claim. Act swiftly to secure specialist legal guidance. Delaying action could potentially forfeit your right to seek compensation entirely. Your best move is to connect with us as soon as possible.
GROUNDS FOR CHALLENGING A WILL WITH ARISTONE SOLICITORS
Our team assists clients on local, national, and international levels in a wide range of contentious matters related to Wills, Trusts, and Probate. We possess substantial expertise in representing various parties, including claimants, defendants, executors, and beneficiaries, across a diverse array of situations.
TYPES OF LEGAL WORK
We offer comprehensive support across a spectrum of contentious issues associated with wills, trusts, and probate, catering to a wide geographical scope:
- Pursuing fair financial provision through claims under the Inheritance (Provision for Family and Dependants) Act 1975.
- Questioning the validity of wills based on factors such as insufficient mental capacity, lack of comprehension and agreement with the will’s terms, improper execution, and instances of fraud or forgery.
- Resolving conflicts concerning executors and trustees, potentially involving court intervention to guide trust management.
- Handling allegations against executors due to mishandling of responsibilities.
- Managing promises of gifts made prior to one’s passing.
- Engaging in legal proceedings to contest lifetime gifts bestowed upon friends and family members.
Contentious Probate matters typically take 6 – 24 months on average to resolve.
- Should the matter be amicable: 1-6 months
- Ongoing Litigation Attempts: 6-12 months.
- Formal Court Proceedings: 12-24 months.
GUIDANCE AND SUPPORT WHEN YOU NEED IT MOST
Should you require legal representation for contentious probate matters, our specialised team is ready to provide assistance. We are prepared to assess your situation and offer recommendations for the optimal path forward. With a wealth of experience spanning 50 years and more in aiding clients with contentious Wills and Probate matters, you can trust us to guide you every step of the way.
To gather further details or initiate the process of contentious probate, please don’t hesitate to reach out to our Private Client team.
Feel free to explore our Wills and Probate page as well to gain deeper insights into the comprehensive services we offer.
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Frequently Asked Questions
Contentious probate means disagreements over how someone’s belongings are managed after they pass away.
Various factors can lead to contested wills, which include:
- Allegations of professional negligence due to incorrectly drafted wills.
- Inheritance disputes arising when dependents believe they haven’t received a ‘reasonable financial provision’ from the estate, as per the 1975 Inheritance Act. For additional insights into making an inheritance claim, click here.
- Assertions of fraudulent wills or wills created under coercion, click here.
- Challenges regarding the authenticity of the final will of the deceased.
- Contentions that the deceased lacked the necessary mental capacity while creating their will. To learn more about contesting a will on grounds of mental capacity, click here.
- Disputes involving personal representatives or trustees. To explore executor disputes further, click here.
- Situations where the will is misplaced or lost.
We provide fixed standard fees for a select number of services, which are specified on our rates page. For other matters, the specific needs of the case will determine both the seniority of our team and the time required. We provide an estimate of these costs in a consultation with your solicitor.
You can apply to remove an executor when they fail to fulfil their duties and their actions jeopardise the welfare of the beneficiaries or the proper administration of the estate. To initiate this process, you, as an interested party with a legal stake in the estate, can make an application. The court views executor removal as a last resort, given their appointment by the testator’s wishes. However, if the situation necessitates it, the court can issue an order for removal.
Consulting legal experts experienced in contentious probate matters is advisable to navigate this process effectively.
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What was once a necessity has now taken precedence. In light of the current circumstances and the impact of COVID-19, the occurrence of unforeseen deaths has heightened. This underscores the importance of now prioritising the creation of your will.
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