After death, issues may arise when disappointed beneficiaries or relatives suspect foul play or when those tasked with dealing with the deceased’s affairs do not properly perform their duties, bringing disruption to families. Such claims are usually known as ‘contested probate claims’ or ‘contentious probate claims.’ Contested probate can arise in estates where there is or isn’t a will.
Wills can be challenged in court and declared invalid for various reasons, or in some cases it is possible for the beneficiaries to amicably agree between themselves how an estate is to be dealt with. A spouse, partner, children and dependents have the legal right to challenge a will and may also have grounds to make a claim under the Inheritance Act.
There are also many other different types of claims that might arise from a trust or an estate, including challenges by or against executors or trustees and estoppel, Court of Protection issues and professional negligence matters.
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What does a contested wills, trusts and probate solicitor do?
We understand that contested probate litigation can be time consuming and stressful, not only for prospective beneficiaries but also for personal representatives.
Our highly experienced and empathetic contentious wills, trusts and probate solicitors offer valuable support to clients and provide high quality advice from the outset on all wills, trusts and probate disputes including those involving allegations of forgery or fraud, undue influence, lack of capacity or concerns about whether documents have been properly executed.
During a time when you may be grieving and feeling anxious, it’s crucial that your lawyer provides support at every step in the claim process and is available to answer any questions you may have.
Our contested wills, trusts and probate services include claims relating to:
Contested probate
Contested probate (or sometimes “contentious probate”) is the frequently used umbrella term for any challenge to an estate, regardless of whether a will exists. Our contested probate solicitors can help to ensure an estate is distributed exactly as intended.
Disputes
Administration often refers to the process of administering an estate. An ‘administration dispute’ usually refers to any dispute which might arise in respect of the manner in which an estate is being dealt with. This might include executors or administrators failing to distribute in accordance with the terms of the will or intestacy rules, executor misconduct such as transferring estate property to themselves, missing or incorrect estate accounts, or undue delay in the administration. Sometimes it may be the executors or administrators themselves struggling with an issue, for example, where a beneficiary refuses to vacate property owned by an estate to allow it to be sold, or where beneficiaries cannot be located.
Will validity disputes
There may be many reasons why someone, commonly the family or dependents of the deceased, might contest a will. There are a variety of issues related to the validity of wills and their interpretation as well as enforcing promises that have been made during the Deceased’s lifetime.
Inheritance Act Claims
Claims under the Inheritance (Provision for Family and Dependants) Act 1975 (often known as 1975 Act Claims or Inheritance Act Claims) are claims for reasonable financial provision from an estate where such provision has not been made, or has not been made sufficiently. Only certain categories of people can make such a claim including the spouse or cohabitee, children (including stepchildren), or dependents of the deceased.
Trust and estate disputes
If you have concerns about the administration of a trust or an estate, our experienced team can advise you in relation to your prospective claim as well as overseeing the administration and managing relevant correspondence.
Removing executors or personal representatives
At times, a personal representative or executor’s behaviour or misconduct may result in the need for them to be removed.
International disputes
We have extensive experience working with legal professionals across various international jurisdictions on disputed wills, trust and probate matters. Our team is highly equipped to offer guidance on legal matters in England & Wales and provide insights on conflict of laws with our strong network of lawyers from other countries to call on if necessary.
Professional services
We can advise you on claims against professionals, such as solicitors, will writers and accountants, where documents have been incorrectly prepared, incorrect legal or tax advice has been given, or negligent administration of trusts or estates has occurred.
Court of Protection and mental capacity
If your loved one or someone connected to you loses their mental capacity to make decisions about their health, wellbeing or finances, you’ll want to protect their best interests. We offer comprehensive advice on all aspects of Court of Protection matters, including challenging the actions of an attorney or deputy, seeking court approval for decisions made by an attorney or deputy, applying for the appointment or removal of a deputy, making applications for statutory wills, making an emergency Court of Protection application or acting as a deputy.
Why choose B P Collins as your contested wills, trusts and probate solicitors?
With 50+ years of experience in contentious wills, trusts and probate, we’re consistently ranked in legal directories such as Chambers HNW and The Legal 500, for the strength of our private wealth disputes practice.
We have successfully achieved settlement on a variety of court actions including substantial High Court litigation regarding the validity of wills, claims under the Inheritance Act and applications to remove personal representatives from their roles as executors and administrators.
Our team is committed to resolving disputes efficiently and cost effectively, whilst achieving the best possible outcome for our clients. Partners Matthew Brandis and Craig Williams are mediation advocates and accredited mediators of the Centre for Effective Dispute Resolution (CEDR), as well as being members of the Association of Contentious Trust and Probate Specialists (ACTAPS).
We also work with clients with assets within the UK and internationally and have a strong network of specialised lawyers from other jurisdictions when required. We frequently collaborate with our private client and family colleagues to resolve matters effectively.
Contact our contentious wills, trusts and probate solicitors today
Our contentious wills, trusts and probate lawyers in Gerrards Cross, Thame and, London and Ickenham are well placed to advise clients on all aspects of private wealth disputes.
For further information or advice please call 01753 889995 or email enquiries@bpcollins.co.uk.
