Inheritance Disputes and Contentious Probate
The death of a loved one is often a distressing time as we come to terms with our loss. In many cases their estate following death can be dealt with relatively promptly in accordance with the terms of a valid Will or in accordance with the Rules of Intestacy where no valid Will exists.
However, problems such as the following can arise:
- Somebody may wish to challenge the validity of the deceased’s last Will;
- A loved one may wish to bring a claim against the estate as theyfeel they have not been reasonably provided for; or
- The Executors of the estate and/or beneficiaries disagree as to how the estate should be dealt with.
What is contentious probate?
In some cases, a loved one may wish to contest the validity of a Will. This can be for a variety of reasons including the mental capacity of the deceased when the Will was made or whether they were pressured into making it. Challenging a deceased’s Will often isn’t an easy decision to make, and it can inevitably add pressure to what is often an already stressful and emotional situation. However, if you have reason to suspect the validity of a Will, then you should seek legal advice as promptly as possible.
An individual may feel that they were not adequately or reasonably provided for in a deceased’s Will. If you are a partner, spouse or child of the deceased then you may have a claim for your reasonable financial provision pursuant to the Inheritance Act 1975.
Such claims have very short time limits and therefore we recommend you seek early legal advice.
Contentious Probate at Berwins Solicitors
Trying to handle such emotive and often complex legal proceedings without expert help can be an incredibly difficult experience. That is why our expert team will work with you to act sensitively and help to deliver the best possible outcome.
Our team will also look to explore how a claim can be funded and it may not be as costly as you think as we can offer a range of funding options depending upon your particular case If you are in need of expert advice on a contentious probate issue, or would like to book a, no obligation consultation, please call the Life team on 01423 543127.