Disputes Concerning Probate and Inheritance

After the death of a relative or friend, disputes sometimes arise whether or not a Will was left.  Sadly, such disputes are on the increase, but they need not escalate out of control if dealt with quickly, cost-effectively, and with sensitivity.   We have experienced lawyers who can help you resolve any dispute relating to an estate, who will work with you closely and who will explain both Law and Practice in clear and straightforward terms.

We cover many types of probate dispute, including the following:-

The validity of a Will. 

In appropriate circumstances, it may be possible to challenge the Will.  The four main reasons are:

  1. The Will has not been properly executed.
  2. The Testator does not have ‘legal mental capacity’.  For example, if someone is living with dementia, a medical practitioner must assess whether they have sufficient mental capacity to make a Will.
  3. The Will was written due to ‘undue influence’ being exerted upon the Testator by a third party. 
  4. The Will makes inadequate provision for a relative or Partner.  It is sometimes possible to challenge a Will, under the Inheritance (Provision for Family and Dependants) Act 1975, on the grounds that the Testator should have made financial provision for the claimant.  A claim must be made within six months, so it is very important to seek legal advice without delay.
  5. Removal of Executors or Trustees due to poor administration of estates.  For example, if an Executor is mismanaging the assets or failing to keep proper accounts, then an application to substitute or remove him/her may be necessary.
  6. Claims for negligence against Will Writers, Solicitors, or in relation to the administration of estates or trusts.
  7. The enforcement of Claims dependent upon unwritten agreements or verbal promises (‘proprietary estoppel’ claims).
  8. The personal liability of Trustees.

 

Please contact 020 8301 7777 or email info@tgbaynes.com if you are challenging or defending a Will, or if you are facing any other probate issue, whether as an executor or a beneficiary. We can help you bring and/or defend a contentious probate claim.