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Disputes about wills and probate

Inheritance can be a complex issue, the rules vary depending on whether the deceased left a will or not.

The issue of who is ‘entitled’ to inherit can also arise, for example when someone has had more than one family through multiple marriages.

If you wish to dispute a family member’s estate, or the way in which their estate is being dealt with, we can help.

Our solicitors have the experience and expertise to find a resolution to your dispute. We will give you practical legal advice on how to proceed, and we can represent you in court proceedings should they become necessary.

We can help with all areas of contested wills and probate, including:

Not providing for financial dependants in a will

Anyone making a will can leave their assets to whoever they like. However, if they have not provided in the Will for someone who is financially dependent on them (such as a dependent child), it may be possible to make a claim against the estate by making a claim under the Inheritance Act.

An invalid will

A will has to be written and witnessed following certain guidelines. If it does not meet these guidelines then it may not be valid.

An estate not being administered properly

When an executor or other person appointed to distribute a persons estate is not following the instruction in the will, or are not following the rules of intestacy where there was no will.

Lack of mental capacity to make a will

A person must understand what they are doing when they make a will. With an increasing number ofcontact us elderly people suffering from diseases such as Dementia or Alzheimer’s, which may affect their mental capacity, this can bring rise to challenges as to whether they were in a fit state to make the will and whether they understood what they were doing.

Pressuring or placing undue influence on the will maker

If it can be shown that the person making the will was overly pressurised, for example to include or exclude a person from the Will, it may be possible to challenge the Will.

Please contact us for advice.