Contested Probate Claims / Will Disputes
Family life has become more complicated today as many people marry more than once or have more than one family. This can lead to a lot of confusion as to who should inherit a personís estate when they die.
The answer will depend on whether or not a Will has been made, and if there is a Will, whether it is valid. For example, should there not be a Will, it could be that administrators are not administering the estate in accordance with the Rules of Intestacy.
Problems could also include concerns about the validity of a Will, the failure to provide for someone in a Will, or concerns about the honesty of the executors or administrators in general during their administration of a deceased personís estate.
Whatever the issue, look no further than our specialist team who have a considerable amount of experience in this complex area of law.
Some examples of where contested Probate claims may arise include:
For a Will to be valid it must be written, signed, dated and witnessed following strict rules. If these rules are not complied with then the Will may be invalid.
Lack of capacity to make a Will:
Will disputes are common when the person making the Will may have been suffering from Alzheimer's disease or other forms of dementia.The person making the Will must have understood the they were doing when making the Will. If you are concerned a loved one died without the capacity to make their Will please get in touch, we can help.
This is where the person making the will was unduly pressurized into making or altering their Will, for example if they were forced to make someone benefit from the terms of their Will who they would not have otherwise provided for.
These types of claims can be made against the estate if it can beshown that the person making the claim was in someway financially dependent upon the Deceased before they died.
If any of these issues affect an estate that you are involved in either as a beneficiary or in administering it please contact us.