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.
Resolve Inheritance Disputes with Expert Contentious Probate Solicitors – Your Voice Matters
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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.
TYPICAL TIMELINE
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.
ESTIMATED WORKLOAD
The estimated legal workload ranges from 20 to 50 hours. Kindly refer to our fees page for a transparent breakdown of costs.
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.
Read what our Clients Have to Say
At Aristone, we understand the priorities of our clients – getting the job done, providing a stress-free experience and managing costs effectively. Their testimonials and feedback are a testament to our commitment to excellence and our dedication to meeting our clients’ needs.
Kwong Harris30 September 2023 Highly recommendable.I am truly impressed , solicitor Emma got me back on track and boost my confidence especially my late husband died not long ago.Steve Royce18 September 2023 We had an appointment with Emma Brown to make a will. Emma immediately made us feel at ease, and thereby making what might have been a difficult and scary process seem easy and relaxing. We would both recommend her wholeheartedly. She had answers for all our questions and we now have that peace of mind that everything is taken care of when the time comes.Erika Manolo10 August 2023 Kuljit and Genevieve were very responsive to my queries. Friendly, professional and get things done quickly.James Pierce28 July 2023 Aristone Solicitors have been very nice to make a will with, they are so friendly and care about their clients. I recommend you make a will with them as soon as you can, it is so easy, a pleasure with these professionals.Maria Garcia22 July 2023 My mother and I used Aristone Solicitors services for the preparation of a will under the March Free Will campaign and Emma Brown was extremely courteous, professional and helpful throughout. The process was explained thoroughly and the guidance paperwork we completed was very clear to understand. We were given a very warm welcome at their offices at the time of signing the will and Emma went above and beyond to ensure we understood everything clearly and we felt very well looked after. I wouldn't hesitate to use their services again.Stephen Cadwell7 June 2023 Emma Brown made the process very easy and was very effcientsunil G27 February 2023 Prompt and professional service. Friendly staff. Went to get a signature witnessed and they charged the appropriate amount.Ling Zhou26 January 2023 From my husband, Lindsey. All the team were kind, respectful and polite. Patrick Smith is very knowledgeable and professional and helped a great deal. Would certainly use them again.Graham Barlow10 January 2023 Aristone Solicitors were most understand, patient and professional when dealing with my very protracted and difficult divorce. They are now helping me with other personal legal affairs.
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.
Read our latest posts
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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