Disputed Wills, Trusts & Estates Legal Advice
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Disputed Wills, Trusts & Estates
Disputes after the death of a loved one can be painful and complex. To help you through this difficult time, our contentious probate solicitors are on hand to advise and support you with sensitivity and understanding.
At Tinsdills Solicitors, we have experience in handling all types of legal disagreements. We will be by your side through every stage of a dispute, offering hands-on support to secure the right outcome the right way. With strong negotiation skills, we place an emphasis on resolving disputes amicably wherever possible. Our expertise with contested probate matters includes:
- Contesting a Will
- Challenging an executor or administrator of an estate
- Disputes over estates where there is no Will (intestacy)
- Disputes between executors, trustees or beneficiaries
- Disputes over the ownership of property
- Disputes over the ownership of property
- Inheritance Act claims
- Proprietary Estoppel claims
- Disputes over deathbed gifts
- Contesting a trust
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and we will arrange a no-obligation callback at a time to suit you. Please note that we cannot offer Legal Aid.
Real Stories from Our Happy Clients
Explore our client experiences through the independent reviews featured on www.reviewsolicitors.co.uk. These testimonials attest to our commitment, expertise, and dedication in providing top-tier service in the complex domain of contested wills, trusts, and probate matters.
We had a very complex matter which was hampered by numerous set backs over many months. Jason was able to always see a way through and provide excellent advice. His professional knowledge gave us confidence to see the case through to a conclusion.
I would like to say that your company acted completely professional and with integrity. I found the process easy and I commend you on your caring attitude to me.
Tinsdills solicitors are a very friendly service, understanding what I needed and help in every way and emailed me quickly when I asked questions.
We had a very complex matter which was hampered by numerous set backs over many months. Jason was able to always see a way through and provide excellent advice. His professional knowledge gave us confidence to see the case through to a conclusion.
I would like to say that your company acted completely professional and with integrity. I found the process easy and I commend you on your caring attitude to me.
Tinsdills solicitors are a very friendly service, understanding what I needed and help in every way and emailed me quickly when I asked questions.
Our Contentious Probate Expertise
Will Disputes
A Will can potentially be disputed for various reasons.
Our team can advise and represent you in bringing or defending a claim related to a Will dispute. We can work to help you establish your position, what steps need to be taken and what the likely outcome of the dispute will be.
We can assist with matters including:
Contesting a Will due to lack of testamentary capacity
Contesting a Will due to lack of due execution
Contesting a Will due to lack of knowledge or approval
Contesting a Will due to undue influence or duress
Contesting a Will due to fraud or forgery
Will rectification and construction
Estate Administration Disputes
Administering an estate can be complicated and time-consuming. But, where an executor exhibits signs of failing to manage the process properly or is not acting in the best interests of the estate, action can be taken to find a suitable resolution.
We can represent clients taking action against an executor, as well as anyone who has been accused of failing in their role as an executor, resolving matters efficiently and effectively.
We can assist with matters including:
Challenging an executor or administrator of a Will
Removing an executor
Disputes between executors
Intestacy disputes (where there is no Will)
Disputes Over the Ownership of Property
After a loved one’s death, there may be others who may claim a share or interest in property belonging to the Deceased and who may not be beneficiaries either under the Deceased’s Will or their intestacy if they died without leaving a Will.
Deciding on how the ownership of a property should be dealt with following a loved one’s death can be particularly contentious. There are likely to be questions surrounding the legal technicalities of passing over the share of a property.
No matter what your circumstances might be, we can be by your side at every stage of proceedings. We can bring together all the necessary information to advise you on who the deceased’s share of the property should pass to, resolving any disputes that may arise in relation to this.
Financial Provisions
Anyone who has not inherited anything following a loved one’s death, but falls within the category of relevant claimant, may be able to bring forward a claim under the Inheritance (Provision for Family and Dependants) Act 1975.
Our team can advise you on whether making a claim via this route would be possible in your situation and take you through the process that would need to be followed in order to achieve a positive outcome.
Contested Probate FAQs
What is Contentious Probate?
Contentious probate refers to any type of dispute that arises following someone’s death, in relation to the distribution of their estate. It could relate to issues such as a disagreement over the way the estate is being administered, a dispute over a Will or claims for financial provision.
How are Contentious Probate Matters Resolved?
In many instances, our contentious probate solicitors can work to negotiate an agreement without the need for court intervention. This approach is often preferrable as it can save time, money and prevent any additional conflict.
However, if it is not possible to reach an agreement, court proceedings may be necessary to find a positive resolution.
Are There Time Limits for Contesting a Will?
The time limits for contesting a Will are dependent upon the individual circumstances of the claim.
As a general guide if you submit a claim under the Inheritance Act, the time limit is 6 months from the date of probate being granted.
However, for a beneficiary making a claim against an estate, the time limit will be 12 years from the date of the death.
No time limit applies for contesting a Will on the ground of fraud. The court is able to overrule these limitations, but only in exceptional circumstances.
In any circumstance regarding a disputed Will, the sooner you act and seek legal advice generally the better.
How Do I Contest a Will?
A Will can be contested if you believe the Will to be invalid or made under circumstances that would deem it invalid.
We can provide advice in relation to the following grounds for challenging the validity of a Will:
- Lack of testamentary capacity
- Undue influence and coercion
- Lack of knowledge and approval
- Forgery and fraud
- Non compliance with the requirements of the Wills Act 1837
Who Can Contest a Will?
The following people can contest a Will:
- Family members
- Persons who were financially dependent upon the deceased
- A beneficiary of the Will
- A creditor of the deceased
- Persons who were promised something by the deceased
Our team can advise you on you on your personal situation and whether you would be entitled to contest a Will during an appointment.
What if No Will Was Made?
If the deceased did not make a Will, their estate will be distributed in accordance with the intestacy rules.
If you are a spouse, former spouse, child, child of the family or a dependent of the deceased and feel that reasonable financial provision is not made for you under these rules, you may have a claim for increased financial provision under the Inheritance (Provision for Family and Dependants) Act 1975.
We can provide you with advice, assessing the strength of a claim under the Inheritance Act 1975 and guiding you through this process.
How Do I Create a Legal Will?
Visit “Writing A Will” on our website to find out more about how you can create a Will with Tinsdills Solicitors.
Why Tinsdills is the legal team for you
Ranked in the top 10 out of 11564 solicitor firms in the UK.
99% of people who used Tinsdills would recommend us to friends & family, compared to a national average of below 75%. Further to this, 99% of clients are satisfied with the outcome of their case, compared to less than 75% across the country.
Use our Contested Wills, Trusts & Estates Legal expertise and become a part of the 99%.
*Stats provided by reviewsolicitors.co.uk
Would recommend to friends and family
Satisfied with outcome of matter
Meet the Tinsdills Wills, Trusts and Probate Team
Paul Woolliscroft
Paul is a litigation Solicitor, Legal & Commercial Director and Head of the Litigation department. Paul acts for both individuals and businesses in a wide variety of matters.
Jason Washington
Jason is a Senior Associate and advises both businesses and individuals in resolving disputes. His client base includes owner-managed businesses, high net worth individuals, national lenders and multi-property landlords and social housing providers and insolvency practitioners.
Shannan Sutton
Shannan is a Chartered Legal Executive who specialises in civil matters for the department, with a focus on dispute resolution and litigation.
Shannan has been representing clients in civil proceedings for the last 6 years, and specialises in a wide variety of matters.
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