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Complications & disagreements to a will can be challenging...

The Probate Dispute Group's team of experienced solicitors offer the expert help you need to challenge a will or the administration of an estate.

Contesting a Will

If you need help disputing or challenging a will, then our experienced team can help to resolve even the most complex of inheritance claims or disagreements. If a family member or friend has died without leaving a will and final testament, we can support and guide you through the intestacy and administration process, helping to address any disputes or disagreements.

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Explaining Probate

We're here to guide you through the probate process. Probate is the legal and financial process of proving and registering a person’s last will and testament to ensure their final wishes are met and that their property and assets are distributed correctly. A person's will is normally administered by a named 'executor' who requires legal authority to execute the will as part of the probate process. Our experienced team will help to guide you through the executor and probate process, to ensure a will is lawfully applied and provide expert help if any issues or disputes arise.

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The Probate Process

When a person dies, probate is the court-supervised process of assessing and distributing their assets and estate to the appropriate family members, creditors, or inheritors. Probate may involve the sale of property or estates and working with multiple parties to distribute these assets. Our specialists can help to guide you through the probate process and any disagreements or disputes which may arise when executing a will.

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Executors

We know that without help, executing a will can be a complicated process. We provide expert support to executors who have been nominated to administer the last will and testament of a deceased person.

We can also help you to challenge an estate claim or disputes against the executor of a will. If you've been left out of a will, or you think that the instructions within a person's will have not been followed correctly by the executor, then we will support your inheritance disputes or appeals.

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Inheritance Tax

Inheritance tax can be confusing, but for legal and estate purposes it is very important that it is appropriately addressed. When a person dies, their property and assets are subject to inheritance tax. The government analyses how much your estate is worth and deducts the appropriate value. Planning for inheritance tax is extremely important and can save you thousands of pounds. Our experts can help you to plan for inheritance tax, or help to guide you through the inheritance tax process when a person has died.

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Free Assessment

When it comes to settling an estate or challenging a will we know it can be difficult to know where to start. We offer a free assessment to assess your situation and guide you through the process.

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Flexible Funding Options

We know that not everyone can afford the costs associated with challenging a will or disputing the administration of an estate. To help you during this process, we offer a range of funding options, including:

  • CFA - No win, no fee
  • Deferred fee agreements
  • Legal Expense Insurance
  • Pay by installments
  • Eligibility assessment required

Team of Experienced Specialists

Our team of experienced, professional probate solicitors will help to guide you through the process of challenging or administrating a will. Speak to our friendly team today or request a free assessment.

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Frequently Asked Questions (FAQs)

Firstly, are you a beneficiary of the estate?

If yes, then you are able to make an application to the Court for an Inventory and Account under section 25(b) of Administration of Estates Act 1925. This is a process that forces an Executor to provide a full inventory of the estate and a full account of the estate funds. Executors have a duty to provide an Inventory and Account when requested to do so and can face criminal prosecution by failing to do so.

If the Executor has or continues to act contrary to their duties as an Executor, then you may consider making an application pursuant to Section 50 of the Administration of Justice Act 1984 seeking their removal as Executor. You may apply to become the Executor in their place should you have the appropriate standing to do so.

There are a number of options available to you depending upon the reasons why you may have been left out of your Mother's Will.

One option available to you may be able to challenge the validity of your Mother's Will. This can be done for a number of reasons, for example, if you suspect that the Will does not meet the formal legal requirements under Section 9 Wills Act 1837, there are grounds to suggest that your Mother had been influenced in some way, or if you have doubts as to your mother's capacity at the time of making the Will. By making an application to challenge the validity, you would require the Courts to decide upon whether or not the Will is valid. This is known as pronouncing a Will in solemn form.

Another option available to you is to make a claim under the Inheritance (Provision for Family and Dependants) Act 1975. This is a piece of legislation that allows a certain category of person to make a claim in the estate for financial provision. If you were financially dependant on her, and have been left out of her Will, call one of our expert advisors to see if you are eligible for a claim.

You may want to consider making an application pursuant to Section 22 and 23 of the Mental Capacity Act 2005. That application would enable your brother to be removed from his position should it be found that he has acted in breach of his powers. Please call one of our expert advisors if you need further guidance.

Firstly, were you living with them and were you financially dependant upon them?

If yes, then you may have a claim in their estate under the Inheritance (Provision for Family and Dependants) Act 1975. This Act allows a cohabitee of two or more years and/or someone who was financially dependant upon the Deceased to make a claim for financial provision. The courts weigh up a number of factors when deciding upon financial provision. If you think you may have a claim, call one of our expert advisors who can guide you every step of the way.

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Whatever your concerns are over the management of a loved one's estate, our advisers are on hand to provide you with support, advice and options available to you.

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