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 (claiming financial provision under the Inheritance (Provision for Family and Dependants) Act 1975)
- Proprietary Estoppel claims
- Disputes over deathbed gifts
- Contesting a trust
Claims Against an Estate
Making a claim against someone’s estate following their passing can be a daunting prospect. 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 or use the enquiry form on the right hand side of the page.
Our Expertise with Claims Against an Estate
It can be incredibly difficult to cope if you have been left disadvantaged by the way an estate is being administered, either because of the terms included in a Will or the way executors are carrying 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.
If you are on the receiving end of a claim against an estate, whether you are a beneficiary or an estate, it can be very difficult. This is especially 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.
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 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.
Claims Against Estate FAQs
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
You may have heard of the term ‘caveat’ when it comes to 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 particularly important as making a claim against an estate is likely to be much more straightforward when assets have not been distributed. A caveat can also provide additional time to put together a clear, effective plan for how the claim should be made and what it will involve.
There are certain time limits to be aware of when it comes to 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, whereas there are no time limits for contesting a Will on other grounds, such as the grounds of lack of testamentary capacity and undue influence.
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