Contentious probate solicitors
While most estate administrations progress without any problems, disagreements do arise sometimes. If you are an Executor or due to benefit under a Will and you are experiencing difficulties, we can help.
Our contentious probate solicitors have extensive experience acting for trustees, Executors, personal representatives, beneficiaries and individuals to resolve a wide range of disputes involving estates, trusts and land. Get expert impartial legal advice early on and you can resolve problems early, instead of getting into costly Court proceedings.
We understand that disputes will often involve disagreements within the family. We’ll let you know where you stand on an inheritance dispute and make it our goal to solve it quickly and sympathetically.
Our contentious probate experts can help with:
Removing Executors
If Executors are not acting in the estate’s best interests, then you should take legal advice quickly. Our specialists will aim to ensure that your inheritance is correctly distributed, and the Executors are removed.
Making a claim against an Executor or trustees
Executors and trustees have a duty to carry out certain tasks. If you believe they are distributing assets incorrectly or failing in other duties, you may be able to make a claim against them. Alternatively, you may be an Executor or trustee where a claim is being brought against the estate, and you may need advice or assistance in defending the claim.
Defending claims by beneficiaries
If you have found that there is a lack of information about an estate, no apparent reason for a delay or that as a beneficiary you have received substantially less than expected, there might be an issue with the estate. If this happens, it’s important to seek legal advice as soon as possible.
Challenging a Will
If you have concerns that pressure may have been applied at the time of preparing a Will, that the terms of the Will do not reflect the intentions of the deceased or simply that yourself or another family member has been unfairly excluded, then you may need advice on challenging a Will.
Inheritance Act Claims
The following people can make a claim under the Inheritance Act where someone has died without leaving sufficient money for their continued wellbeing:
- A spouse or civil partner of the deceased
- A divorced spouse or a separated civil partner of the deceased, provided that they have not remarried or entered into a new civil partnership
- Any person who lived with the deceased for a minimum of two years prior to their death
- A child of the deceased (including children over the age of 18)
- Anyone who was treated as their child by the deceased person, including adopted children, fostered children and step children
- Anyone being cared for by the deceased person prior to their death
Court of Protection Disputes
When there’s a dispute in relation to a vulnerable person’s affairs, the Court of Protection has the jurisdiction to get involved and resolve those disputes.
Farming Inheritance and Succession Disputes
Sometimes people make decisions based on what they expect to inherit. For example, you might turn down the opportunity to work on a family farm if your parents promised that you would inherit it.
Proprietary estoppel is a legal concept that can enforce a promise of property ownership if you have already made related decisions that have left you worse off. If you find yourself in this position, talk to us to find out more.
Next steps: get in touch
Whatever the dispute, and whether you are looking to bring or defend an inheritance claim, you can contact our friendly team on: 0800 533 5349 or enquiries@mogersdrewett.com. We can advise you on costs, timescales and whether you have a strong case.
Helpful Guides
Meet the team
Frequently asked questions
There are a number of grounds on which a Will can be contested or challenged, including:
- The validity of a Will – you can challenge a Will if it wasn’t drafted correctly
- If the deceased did not have the mental capacity to make a Will
- If fraud/forgery has occurred in relation to the Will
- If you believe the deceased was unduly influenced when they made the Will
Anyone who has a beneficial interest, or potential beneficial interest, in the deceased’s estate can contest the Will, if there are grounds for them to do so.
People who can claim include:
- A spouse or civil partner
- A former spouse or partner provided they have not remarried or registered a new civil partnership or have a court order preventing them from making a claim
- Anyone cohabitating with the deceased for two years or more
- Any children but not stepchildren unless they have also been adopted
- Any person the deceased maintained financially or in another valuable manner
To protect your estate it is important to have your Will professionally drafted so it is watertight, then discuss your intentions with family members.
A Deed of Variation is a legal document in which one or more of the beneficiaries of an estate wants to change the amount of inheritance they are due to receive, passing some or all of it on to someone else.
A personal representative (PR) is a person responsible for dealing with the possessions, property, shares or bank accounts (the estate) of a deceased person. A personal representative can also be known as an executor or an administrator.
Sometimes people make decisions based on what they expect to inherit. For example, you might turn down the opportunity to work on a family farm if your parents promised that you would inherit it.
Proprietary Estoppel is a legal concept that can enforce a promise of property ownership if you have already made related decisions that have left you worse off.
