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Contesting a Will
At Tollers, we recognise that the loss of a loved one is emotionally challenging at the best of times, let alone when faced with a disagreement over the distribution of that persons estate. For example, disputes can arise even though a valid Will may be in place.
Contesting a Will can potentially cover a number of very different claims, collectively known as ‘contentious probate’ disputes. Identifying the type of claim an individual may have, depends upon the facts of each case. It is for this reason that we recommend you seek legal advice from a professional, who is a recognised specialist in this area at an early stage.
Inheritance dispute solicitors near me
At Tollers, we have an experienced team of inheritance dispute solicitors, available to assist you in either bringing or defending a contentious probate claim. The team is headed by Tiffany Benson, who is a Partner and member of the Association of Contentious Trusts and Probate Specialists (ACTAPS).
Speak to a specialist solicitor about your inheritance dispute to have the best chance of achieving a successful outcome. At Tollers, we pride ourselves on being responsive and approachable when guiding you through a probate claim. Talk To Tollers.
How can our expert team help you?
Tollers contentious trusts and probate team, advise on all types of claims relating to a Deceased person’s estate, including:
- Contesting the validity of a Will
- Claims for reasonable financial provision under the Inheritance (Provision for Family and Dependants Act) 1975
- Proprietary Estoppel claims
- Claims for rectification or construction of a Will
In addition to inheritance disputes, the team also advise in respect of:
- Estate administration disputes
- Claims for removal of Executors
- Trust disputes
- Financial abuse of the elderly & vulnerable
- Challenges to gifts in lifetime
- Negligence claims arising from poor will drafting and/or estate administration
Free initial consultation
Our team of specialist solicitors are happy to discuss the circumstances of a potential claim, by telephone, email, or in person, by way of a free initial consultation lasting up to thirty minutes. We can also arrange meetings via Zoom or Microsoft Teams for those who cannot, or do not wish to travel, yet prefer face to face communication.
The purpose of the initial free consultation is to establish the background to the dispute and identify any appropriate next steps. Fee and timescale estimates will also be discussed to ensure costs transparency.
We do understand the need for flexibility in funding claims to contest a Will and therefore we look for creative solutions where funding is concerned, to try and be as flexible as we can, to assist you in progressing your claim.
How to contest a Will
Claims to contest a Will may include the following:-
Contesting the validity of a Will
There are a limited number of grounds to dispute the validity of a Will. It may be that there is strong evidence to suggest the Will is invalid, in circumstances, for example, where the Will was incorrectly executed. In such a case the individual would be challenging the validity of the Will and seeking to set it aside.
Inheritance Act Claim
The Inheritance (Provision for Family and Dependants) Act 1975 (“the 1975 Act”) is a piece of legislation that enables specific categories of people to bring a claim against the Deceased’s estate for reasonable financial provision.
The Deceased’s Will may be valid, however the disappointed beneficiary may not have been adequately financially provided for within the Will and therefore in need of some form of additional financial provision from the Estate.
It is strongly recommended that you take advice promptly on whether you are a qualifying claimant under the 1975 Act, as there are strict time limits to be followed in order to pursue such claims.
An individual may have been promised something in lifetime by the Deceased, which they then relied on to their detriment. The promise is then not fulfilled on the Deceased’s death. In such circumstances the individual may have a claim in proprietary estoppel against the Deceased’s estate.
The Will is incorrect or unclear
The wording of the Will may be incorrectly drafted, or unclear, leading to a claim in rectification or construction of the Will.
Talk to Tollers
Tollers has an experienced team of contentious wills, trusts and probate solicitors, able to assist you with your inheritance dispute.
Each type of claim referred to above is distinct from the other and has to be approached differently. At Tollers, we understand that disputes of this nature are overwhelming, so instructing a trusted solicitor who is a specialist in this niche legal area is essential.
Where possible, we will employ appropriate alternative dispute resolution (ADR) methods, in an attempt to avoid the case progressing to court. In those increasingly rare instances where a negotiated settlement and/or resolution cannot be reached, our team will carefully and compassionately guide you through the court process.
Talk To Toller’s team of Will dispute solicitors today and put your mind at rest following the death of your loved one. To arrange your free consultation Talk to Tollers on 0800 107 3643 or email firstname.lastname@example.org.