Expert Solicitors in Contesting Wills, Trusts & Estates
Our expertise with contesting wills and other disputes includes the following:
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Contesting a Will, Trust, or Estate
Contesting a Will and other disputes after the death of a loved one can be painful and complex, often causing conflicts between those left behind. To help you through this challenging time, our contentious probate solicitors are on hand to advise and support you with sensitivity and understanding.
At Tinsdills Solicitors, we have experience handling all legal disagreements. We will be by your side through every stage of a dispute, offering hands-on support to secure the right outcome the right way.
With strong negotiation skills, we emphasise resolving disputes amicably wherever possible. We focus on getting the best settlement possible, not just the first offer. We always prioritise understanding the dispute in detail, be it contesting a Will or some other dispute. We use this to tailor our approach to reaching a resolution. If court proceedings become necessary, we can provide representation and advice throughout that process.
Other disputes we have vast experience with include but are not limited to Inheritance Act Claims, Proprietary Estoppel Claims, Disputes Over Deathbed Gifts, and Contesting a Trust.
To reduce the potential of dealing with contested probate’s far-reaching consequences, seeking the expert legal advice of contentious probate solicitors when dealing with lifetime planning matters such as Wills and Trusts is essential. In addition to dealing with issues related to contested Wills, Trusts and Probate, our team also deals with various other matters. These include:
To arrange an appointment with one of our contentious probate solicitors in Hanley, Leek, Newcastle-Under-Lyme, or Sandbach, please call 01782 652300 or use the enquiry form.
Our Contentious Probate Expertise
Will Disputes
A Will can potentially be disputed for various reasons.
Our team can advise and represent you in bringing or defending a claim related to a Will dispute. We can work to help you establish your position, determine what steps need to be taken, and determine the likely outcome of the dispute.
We can assist with matters including:
- Contesting a Will due to lack of testamentary capacity
- Contesting a Will due to lack of due execution
- Contesting a Will due to a lack of knowledge or approval
- Contesting a Will due to undue influence or duress
- Contesting a Will due to fraud or forgery
- Will rectification and construction
Estate Administration Disputes
Administering an estate can be complicated and time-consuming. But, when an executor fails to manage the process correctly or is not acting in the estate’s best interests, action can be taken to find a suitable resolution.
We can represent clients taking action against executors and anyone accused of failing in their role as executors, resolving matters efficiently and effectively.
We can assist with matters including:
- Challenging an executor or administrator of a Will
- Removing an executor
- Disputes between executors
- Intestacy disputes (where there is no Will)
Disputes Over the Ownership of Property
After a loved one’s death, others may claim a share or interest in property belonging to the Deceased, who may not be beneficiaries under the Deceased’s Will or intestacy if they died without leaving a Will.
Deciding how to deal with property ownership following a loved one’s death can be particularly contentious.
Questions surrounding the legal technicalities of passing over a share of a property are likely to arise.
No matter your circumstances, we can be by your side at every stage of proceedings. We can gather all the necessary information to advise who the deceased’s share of the property should pass to and resolve any possible disputes.
Financial Provision (Inheritance Act Claims)
Anyone who has not inherited anything following a loved one’s death but falls within the relevant claimant category may be able to bring forward a claim under the Inheritance (Provision for Family and Dependants) Act 1975.
Our team can advise you on whether making a claim via this route would be possible in your situation and walk you through the process that would need to be followed to achieve a positive outcome.
Contested Probate FAQs
What is Contentious Probate?
Contentious probate refers to any dispute that arises following someone’s death regarding the distribution of their estate. It could relate to issues such as a disagreement over how the estate is being administered, a dispute over a Will, or claims for financial provision.
How are Contentious Probate Matters Resolved?
In many instances, our contentious probate solicitors can work to negotiate an agreement without the need for court intervention. This approach is often preferable as it can save time and money and prevent additional conflict.
However, if an agreement is impossible to reach, court proceedings may be necessary to find a positive resolution.
Are There Time Limits for Contesting a Will?
The time limits for contesting a Will depend upon the claim’s circumstances.
As a general guide, the time limit for submitting a claim under the Inheritance Act is six months from the date probate is granted.
However, the time limit for a beneficiary making a claim against an estate is 12 years from death.
No time limit applies for contesting a Will on the ground of fraud. The court can overrule these limitations, but only in exceptional circumstances.
In any circumstance regarding a disputed Will, the sooner you seek legal advice, the better.
How Do I Contest a Will?
A Will can be contested if you believe the Will to be invalid or made under circumstances that would deem it invalid.
We can provide advice about the following grounds for challenging the validity of a Will:
- Lack of testamentary capacity
- Undue influence and coercion
- Lack of knowledge and approval
- Forgery and fraud
- Non-compliance with the requirements of the Wills Act 1837
Who Can Contest a Will?
The following people can contest a Will:
- Family members
- Persons who were financially dependent upon the deceased
- A beneficiary of the Will
- A creditor of the deceased
- Persons who were promised something by the deceased
Our team can advise you on your situation and whether you would be entitled to contest a Will during an appointment.
What if No Will Was Made?
If the deceased did not make a Will, their estate will be distributed by the intestacy rules.
If you are a spouse, former spouse, child, child of the family or a dependent of the deceased and feel that reasonable financial provision is not made for you under these rules, you may have a claim for increased financial provision under the Inheritance (Provision for Family and Dependants) Act 1975.
We can advise you, assess the strength of a claim under the Inheritance Act 1975, and guide you through this process.
How Do I Create a Legal Will?
Visit “Writing A Will” on our website to find out more about how you can create a Will with Tinsdills Solicitors.
Why Tinsdills is the legal team for you
Ranked top 10 out of more than 11,500 solicitor firms in the UK.
Would recommend to friends and family
Satisfied with outcome of matter
Meet The Team
Get In Touch With Our Contentious Probate Solicitors Today
Do you want to discuss a disputed Will or a Contentious Probate case? We have experience in these areas and more.
With a dedicated team to take you through every step of the process, you can rest assured that we will provide you with the best chance of getting the outcome you deserve.
To arrange an appointment with one of our contentious probate solicitors in Hanley, Leek, Newcastle-Under-Lyme, or Sandbach, please call