Losing a loved one is always distressing. A dispute over a Will, Trust or an Estate can make this experience even more painful. When families are dealing with disputes about an estate, emotions run high and relationships can become strained. Our team of experienced solicitors who specialise in Will disputes and inheritance claims can assist with seeking to resolve these disputes quickly, effectively and with sensitivity, always acting in our clients' best interests.
Will Disputes and Inheritance Claims
Will Disputes and Inheritance Claims (which is also known as contentious probate claims) refers to legal disputes that arise concerning the administration of a deceased person's estate. These probate claims can occur for various reasons, from questions about whether a valid will exists to concerns about undue influence, the deceased's mental capacity, or fraudulent Wills. Most disputes involve family members who have conflicting interpretations of the deceased person's intentions or disagreements about how estate assets should be distributed.
Comprehensive expertise
Our experienced Will disputes and inheritance team provide practical advice and representation across all aspects of trust disputes and will disputes. Our expertise includes:
- Challenging or maintaining the terms of a Will whether you believe a Will is invalid due to lack of mental capacity, undue influence, or fraud, or you need to defend a will's validity
- Issuing or defending a contentious probate claim against an estate due to an alleged lack of financial provision under the Inheritance Act and Family and Dependants Act
- Protecting your interests by lodging a caveat at the probate registry to prevent a grant of probate being issued, or seeking to remove a caveat
- Claims relating to proprietary estoppel where promises about inheritance were made but not fulfilled
- Removing executors or personal representatives who are not acting appropriately
- Disputes relating to the role of professional executors and independent administrators
- Challenges to estate administration and the distribution of the deceased's estate
Complex family situations
Modern family structures mean that Will disputes and inheritance claim disputes are increasingly common and complex. Remarriage, stepchildren, civil partners, and couples cohabiting create situations where multiple parties may have claims on a person's estate. A 'DIY Will' made by the deceased without proper legal guidance can create ambiguity and disputes. These are situations where seeking legal advice from Will disputes and inheritance claim lawyers is essential.
Our Will disputes and inheritance claim lawyers understand that inheritance disputes within families should be handled in a sensitive manner. We recognise that while legal proceedings may be necessary, preserving family relationships where possible remains important. Our patient and knowledgeable team takes time to understand your specific circumstances and the deceased person's estate situation.
The legal framework
Contentious probate claims may be brought under various legal provisions, including the Wills Act 1837 and the Inheritance (Provision for Family and Dependants) Act 1975. Claims for inheritance provision for family members and dependants follow specific legal frameworks governed by the Senior Courts and established case law. Our legal professionals have extensive knowledge of these complex areas of law and can guide you through every stage of the process, from initial assessment to court proceedings, if necessary.
Funding your Will disputes and inheritance claim disputes claim
When it comes to Will disputes and inheritance claim disputes, our specialist solicitors are ready to advise you on the best course of action and discuss the funding options available. We understand that potential costs and legal expenses are a significant concern when considering whether to pursue or defend a claim. A conditional fee agreement or a deferred fee arrangement may be available in some circumstances, making justice more accessible. We'll keep you updated with legal costs and time estimates throughout your case, ensuring you can make informed decisions.
Our approach to resolving disputes
While we are experienced in court proceedings and high court litigation, we also recognise that mediation and alternative dispute resolution can often resolve inheritance disputes more cost-effectively and with less emotional stress. Our approach prioritises resolving disputes most appropriately for your situation, whether through negotiation, mediation, or litigation.
We work efficiently to gather necessary evidence, including medical records when mental capacity is in question, and we liaise with the probate registry, named executors, beneficiaries, and other involved parties.
Accreditations and professional recognition
The Will disputes and inheritance claim disputes team is accredited by Lexcel, which is a Law Society quality standard. This confirms that our firm excels in client care, compliance, and practice management. Our solicitors are also members of the Association of Contentious Trust and Probate Specialists (ACTAPS) and the Contentious Trusts Association (CONTRA), demonstrating our excellence in this specialised field.
Contact our Will disputes and inheritance claim disputes team
Whether you need to challenge a will, defend an estate against a claim, or resolve a dispute relating to contentious trusts, inheritance, or property distribution following a death, our team is here to help. We provide clear, practical advice tailored to your circumstances.
For further information about how we can assist with your legal requirements, please email litigation@grantsaw.co.uk today or contact us on 020 8858 6971. Let our experienced and knowledgeable team guide you through this difficult time with professionalism and sensitivity.
