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PERSONAL LEGAL CHALLENGING/CONTESTING A WILL


What our clients say

"I found Tollers to do an outstanding job of my professional negligence claim. They advised me clearly on matters that I did not understand and were very supportive. Thank you to Tiffany Wiggett for all her help and support in this matter".
M. Byfield.

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Disputing Wills and Inheritance Claims

Tollers’ specialist dispute resolution service recognises the increasing litigious nature of claims surrounding wills and trusts brought about by the changing family structure and the increasing size and value of estates.

The head of our dispute resolution team Tom Kings has spent the last ten years specialising in will disputes (challenging/contesting a will) and inheritance claims.  Tom is a Member of the Association of Contested Trust and Probate Specialists (ACTAPS) a rarity in the region. 

If a family member has not made a will, their net assets (known as their estate) are divided in accordance with the intestacy rules.  Even if a family member has made a will, it can be contested by those left behind.  Seeking early legal advice can be beneficial, both in terms of saving costs and anxiety for those parties involved and helping to ease family tensions and avoid unnecessary arguments.

Court hearings are the final step in any action and are a last resort when contesting a will. Tollers solicitors are experienced in all types of alternative dispute resolution which can be far more cost effective and productive for all parties. Tom Kings is particularly highly experienced in mediation.  Click on any of the below links to find out more about the requirements to challenge a will.

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Problems during the administration of the estate

Problems that can occur during the administration of an Estate include: 

  • Problems over the construction of a will
  • Problems with or between personal representatives
  • Actions to remove personal representatives
  • Defending claims upon the estate
  • Requiring personal representatives to account for their actions during the administration of an estate
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Claims regarding the estate - Inheritance Act Claims

If there are claims regarding an Estate we can advise.

Inheritance Act Claims:

  • We act on behalf of the beneficiaries defending claims by individuals entitled under the Inheritance Act to pursue actions
  • We pursue claims on behalf of spouses, partners, children and dependents who wish to contest a will
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Contesting a Will

Will Disputes are Becoming more Common

We can advise if you are experiencing a dispute over a will.  We can:

  • Bring or defend claims as to the validity of a will on the grounds of improper execution, mental capacity, want of knowledge and approval, undue influence and fraud
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Other areas Tollers are specialists in 

Tollers contentious probate team specialises in associated areas including:

  • Actions by and against trustees
  • Challenging lifetime gifts by reason of undue influence
  • Care home charges by the local authority
  • Issues regarding the proper use of Lasting Power of Attorneys, Enduring Power of Attorneys and Deputyships
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Funding options available

Variety of Funding Options Available

Funding can be an issue which deters many people from seeking legal advice. We offer a range of different funding options and for each matter we will consider and discuss the possibility of insurance backed litigation as well as Conditional Fee Agreements such as ‘No Win, No Fee’.

We will give you a realistic estimate of the costs involved in any matter prior to undertaking works.

Contact our contentious probate team on 01604 258558 or email enquiries@tollers.co.uk.

Meet The Team

Partners

Tom Kings

Equity Partner
Specialties: Contested Probate, Dispute Resolution
e tom.kings@tollers.co.uk
t 01604 258127

Staff

Tiffany Wiggett

Associate
Specialties: Contested Probate
e tiffany.wiggett@tollers.co.uk
t 01604 258577

Planter East Midlands - ProHelp