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Contentious Probate

Contentious Probate

Contentious probate refers to any dispute about how a person’s estate is administered after their death.

Losing a loved one is very difficult and problems with how their estate is being handled can make it even harder.

Disputes regarding the probate and administration of estates are unfortunately increasing and if you feel that a loved one’s estate is not being managed properly, we can help you contest probate.

Our specialist solicitors are experts at resolving disputes, and we have acted in matters involving:

  • Applications to remove executors
  • Citations to accept or refuse probate
  • Disputes relating to the interpretation of Wills
  • Applications for Statutory Wills
  • Warning off caveats
  • Subpoenas to produce testamentary documents
  • Questions on the value of the assets involved
  • Disagreements between beneficiaries
  • Disagreements between executors

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    We are also experienced in conducting cases where the validity of a Will is disputed on grounds of lack of capacity or undue influence as well as making or defending claims under the Inheritance (Provision for Family and Dependants) Act 1975.

    Williamsons Solicitors - Civil LitigationWe can also help you contest probate if there is no Will and you want to challenge how the estate has been divided up. A person’s legacy is a significant thing and it’s important to know that it’s being handled in a way that’s fair to those inheriting and doesn’t damage its value.

    Estates can be very complicated, especially when there are multiple properties or international assets involved. Complex wealth structures incorporating trusts or rural estates can also present unique challenges.

    If you feel the will didn’t leave you what you deserve or were promised, or you have any concerns regarding the process of writing the will, you could have reason for contentious probate.

    Making a claim

    Do you fall into one or more of the following categories with an issue that needs resolving?

    • Spouse of the deceased
    • A former spouse of the deceased, but only if you have not remarried
    • A partner who lived with the deceased for at least two years immediately before the death
    • A child or a person who was treated like a child of the family of the deceased
    • Someone who was supported financially by the deceased
    • An executor or beneficiary of an existing or previous Will
    • A person excluded from a Will

    Reasonable grounds

    Do you have reasonable grounds to make a claim? Reasonable grounds are:

    • The will does not accord with the deceased´s wishes
    • There is a mistake of fact, for example an error made by the person who drafted the will
    • The deceased lacked mental capacity and didn`t fully understand the meaning and effect of what was in the will
    • The will was made under undue influence
    • The will was not executed properly
    • You feel you were unfairly treated or left out of the will by the deceased
    • Or, do you have a dispute that needs resolving and are a executor or beneficiary

    It´s important that you seek expert advice and act quickly. At Williamsons Solicitors we know that dealing with these problems is difficult and can be painful.

    Our team are here to minimise stress for you whilst resolving your contentious probate dispute quickly and cost effectively and have significant experience in dealing with such matters.

    If you have questions about contentious probate and are looking for answers, then contact our Civil Litigation team in our Hull office today on 01482 323697 or fill out our online form above.

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