Claims Against an Estate
Our expertise with contested probate matters includes:
- Contesting a Will
- Challenging an executor or administrator of an estate
- Disputes over estates where there is no Will (intestacy)
- Disputes between executors, trustees or beneficiaries
- Disputes over the ownership of property
- Inheritance Act claims
- Proprietary Estoppel claims
- Disputes over deathbed gifts
- Contesting a trust
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Claims Against an Estate
Making a claim against someone’s estate following their passing can be daunting. To help you through such a difficult time, our contentious probate solicitors are on hand to provide you with tailored legal advice and hands-on solutions.
At Tindsdills Solicitors, our team of legal professionals have expertise in handling a wide range of legal disagreements. As such, we can be by your side through every stage of a dispute, taking you through the necessary steps from start to finish.
With strong negotiation skills, we focus on resolving these matters amicably and with minimal disruption, wherever possible.
We strive to secure the best possible settlement for your circumstances and will not simply settle for the most convenient option. We make sure to fully understand the dispute in detail and use this to tailor our approach.
Should court proceedings be necessary, we can provide representation and advice throughout the process.
To reduce the potential of a claim being brought against your estate, it is essential to seek expert legal advice when dealing with lifetime planning matters such as Wills and Trusts. In addition to dealing with matters related to contested Wills, Trusts and Probate, our team also deal 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.
Our Expertise with Claims Against an Estate
Bringing Claims Against an Estate
It can be challenging to cope if you have been left disadvantaged by how an estate is being administered, either because of the terms included in a Will or how executors carry out their duties.
Our contentious probate solicitors understand the difficulties you are likely to be facing.
We can support you in making a claim against an estate, whether that is because you have been unfairly omitted from a Will, you need to seek reasonable financial provision via an Inheritance (Provision for Family and Dependants) Act 1975 claim, you have been an assurance (proprietary estoppel), or you intend to make a claim against an executor.
From the outset, our team can advise you on the merits of making a claim against an estate, the best way forward and the potential value of a claim.
Defending Claims Against an Estate
It can be very difficult if you are on the receiving end of a claim against an estate, whether you are a beneficiary or an estate. This is especially true if you stand to lose out on your share of an inheritance from such a claim.
Our contentious probate solicitors can act to support you if you are facing a claim against an estate, working with you to provide clarity over your position and advising on the best approach to such claims.
Claims Against Estate FAQs
Who Can Make a Claim Against an Estate?
In England and Wales, the law dictates that the following groups can make a claim against an estate:
- A spouse or civil partner of the deceased
- A former spouse or civil partner (if not remarried)
- Someone who lived with the deceased for at least two years
- Child of the deceased
- Someone treated as a child of the family by the deceased
- Someone who was maintained by the deceased
What is a Caveat?
You may have heard of the term ‘caveat’ when making a claim against an estate. When entered into, a caveat prevents the Probate Registry from issuing a Grant of Probate or Letters of Administration.
A caveat can be significant, as making a claim against an estate will likely be much more straightforward when assets have not been distributed. A caveat can also provide additional time to put together a clear, practical plan for how the claim should be made and what it will involve.
What are the Time Limits for Making a Claim Against an Estate?
Certain time limits apply when making a claim against an estate. For example, Inheritance Act claims need to be brought within six months of the date when a Grant of Probate is issued (where there is a Will) or a Grant of Letters of Administration is issued (if there is no Will).
There are different time limits if a Will’s validity is being contested. For example, there are six-month time limits for contesting a Will’s construction. In contrast, there are no time limits for contesting a Will on other grounds, such as the lack of testamentary capacity and undue influence.
Why Tinsdills is the legal team for you
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Meet The Team
Get in Touch With our Contentious Probate Solicitors Today
Do you want to discuss making a claim against an estate? We have experience in these areas and more.
With a dedicated team on hand to guide you through every step of the process, you can rest assured that we will give you 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