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Will & Inheritance Dispute Solicitors

Offering expert legal advice & assistance with disputes regarding wills & inheritances. Get in touch today for a free initial assessment from our solicitors.

Inheritance & Will Disputes

We understand the difficulties that can arise from disputes relating to wills, inheritance, and trusts. These types of issues are complicated and can have negative impacts on individuals and their families, mixed with grief and worry after the death of a loved one. When there is a dispute involving inheritance and the validity of a Will in the UK, it is classed as Contentious Probate. The law surrounding contentious probate disputes is complicated and confusing to an individual, meaning it is difficult for them to work out what rights, if any, they have and what can be done. It can be very challenging for anyone thinking about bringing a claim or facing the possibility of having to defend one. The dispute can be lengthy and extremely damaging for the family members involved if they are not handled sensitively. It’s vital to get specialist legal advice early on, that is where our expertise and experience counts.

A Dispute can emerge from various factors. For example, you feel that the Will did not leave you what you deserved or were promised. You may even have concerns regarding the way in which the Will was made.

FREE INITIAL ASSESSMENT

If you need assistance dealing with will & inheritance disputes, contact us today or fill in an enquiry form for a no obligation initial discussion.

There are four principal reasons why a will may be able to be successfully overturned:

Execution of a Will

The Will has been improperly executed. You can contest a Will either because the process of making the Will failed to comply with the law or there were other issues sufficient to prove the Will is invalid.

Mental Capacity

The testator does not have ‘legal mental capacity’. If the deceased did not fully understand the meaning and effect of what was contained in the Will, for example they had dementia.The deceased or testator must have been ‘of sound mind’ in order to create a valid Will.

Inheritance Act 1975

The Will makes inadequate provision. The main piece of legislation for contentious probate is the Inheritance (Provision for Family and Dependants) Act 1975. It allows a claim for financial provision to be made by a dependant of the deceased. If the claim is that the Will did not make sufficient provision, then the Act sets out who can claim and what they might reasonably expect to receive after a loved one has passed away. This must normally be brought within six months of the grant of probate or letters of administration of the estate.

Undue Influence

The Will was made under undue influence, that someone had sufficient influence over the deceased to the extent that they cannot freely exercise their independent will.

Trust Disputes

Even when thought and consideration have gone into planning a trust, disputes can still occur. Trusts with multiple beneficiaries or trustees may have conflicting views on the trust and as such, issues can arise. Typically, these issues surround money and the removal of certain trustees.

Rectifying the terms of a will

Sometimes, a will may not carry out the wishes of the deceased as planned, meaning it could be put forward for rectification in court. Usually, this would only be possible if there was a clerical error or if the person who prepared the will failed to understand the wishes and instructions of the person making it.

 

Our specialist Contentious Probate team can also represent you on the following:

  • Removal of executors
  • Removal of Caveats
  • Applications to the Court of Protection regarding Enduring Powers of Attorney, Lasting Powers of Attorney and Statutory Wills

Why choose Daniel & Baker solicitors:

We are extremely experienced in advising and resolving a whole range of contested probate disputes. Our team of specialist solicitors are regularly instructed to advise and can assist you with a full range of issues relating to wills, inheritance and trust disputes, whether bringing them or defending them. Your matter will be dealt with by a qualified solicitor or a legal executive and overseen by a partner. They will regularly communicate with you throughout the process to ensure you are always up to date.

What our clients say about us:

“I recently turned to Daniel & Baker Solicitors for help with a challenging will dispute, and their service left an indelible impression. Their combination of legal expertise and compassionate guidance made a difficult process much more manageable.”

– P Branston

GET IN TOUCH

All initial enquiries are completely free of charge, so please call us now on 0161 505 0635 or complete a free online enquiry form and a member of the contentious probate team will contact you on the number provided.

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