Contentious Probate Service Specialist contentious probate solicitors based in Milton Keynes

Common disputes can include;

• Where a Will is considered as not legally valid (for example it was not signed or witnessed properly);
• The Will has been drafted in such a way that it does not reflect the wishes of the deceased;
• The Will is suspected to be a forgery;
• Executors are refusing to provide testamentary documents (such as a copy of the will, estate accounts);
• Removal of executors;
• There are disagreements regarding how the estate is distributed;
• Someone who was financially dependent on the deceased has not been provided for;
• There is a claim that the person making the Will was pressurised or lacked mental capacity at the time they made their Will.

There can be other reasons as to why a Will may be invalid and if you have concerns, you should seek urgent legal advice.

At Heald Solicitors in Milton Keynes, our probate team have extensive expertise in settling disputes whether you are an executor of the estate or a potential claimant. We can advise you of your rights, obligations and explain your options to you as well as representing you in court where appropriate.

We understand how stressful a probate dispute can be at what is already a difficult time. We are friendly, sensitive and approachable and you can be sure that we will do all we can to deal with issues as quickly as possible. Our contentious probate solicitors are expert negotiators and we are often able to resolve matters without recourse to the courts, which is generally faster and more cost-effective.

Our contentious probate team can work with you to provide a solution if you find yourself either having to contest a Will or defend a challenge to a Will. If you would like to discuss your options and fully understand your rights, please feel free to give us a call.

When someone is left out of a Will

Although you are generally entitled to leave your assets to whomever you wish, in some instances, someone can make a claim against the estate if they have not inherited or if they believe they should have received more.

The Inheritance (Provision for Family and Dependants) Act 1975 provides that where a close family member or someone who relied on the deceased for maintenance has not been provided for, they can bring a legal claim.

If you believe you are entitled to make a claim, it is important to act quickly as there may be a strict time limit of six months from the date on which the Grant of Probate or Letters of Administration was issued. Time limits will depend upon the nature of the claim.

If you are dealing with the winding-up of an estate and a claim is made against it, you should also seek legal advice in order to take action to protect the estate’s assets.

We can advise you if you have been left out of a Will or if you are facing a claim as the deceased’s personal representative.

Probate caveats

A probate caveat is a notice that is filed at the Probate Registry with the aim of preventing a Grant of Probate or Letters of Administration from being issued by the Court. It alerts the Court that there may be an issue and possible dispute.

It can be filed if there are concerns about the validity of the deceased’s Will, for example, whether it was made under duress or whether the deceased lacked testamentary capacity. It can also be used when there is a question as to whether a Will exists or that someone who should have seen the Will has not been able to.

If you have concerns about the validity of the Will or if you are administering an estate and you need to remove a caveat, we can work on your behalf to resolve issues.

Dispute over estate administration

If you believe that the estate of someone who has died is not being properly administered, you may be able to contest the probate. This could be because you do not agree with their interpretation of the Will, you believe the executor has mismanaged the estate or made mistakes in the administration, you believe the assets in the estate have not been correctly valued or disagreements have arisen.

If you are a beneficiary under a Will and you are not happy with the way in which the estate is being handled, we can advise you of your rights and commence legal action on your behalf to remedy matters.

How we can help you take action to deal with mismanaged estate administration

There are a number of options open to you if you believe that an estate is not being properly administered, including:

• Removing executors – where there are concerns over their actions in dealing with the estate, executors may be removed or replaced.
• Ask the court for directions – if the administration is not going smoothly, the court can be asked to provide guidance and specific directions to the executors setting out what they should do next.
• Ask for a court order - the court can also be asked to issue various orders, such as orders for delivery up of assets, production of documents or provision of an inventory of assets held in the estate.