Contentious Trusts and Probate

Services

Need help?

Contact Claire Stewart

Talk to Claire or call our Marple Bridge office to book an appointment and discuss the details of your case with a member of our team.

The death of a loved one can often cause upset. Often family members and loved ones do not know where they stand if the Deceased left no Will. The content of any Will the deceased did leave can often cause upset and confusion. Our team will assist you to deal with any dispute that may arise by advising you as to the courses of action open to you, assisting you to try to come to an amicable solution to avoid further upset and if that is not possible, assisting you in dealing with the matter through court proceedings to achieve the best outcome for you.

Our services regarding contentious trusts and probates cover:

Challenges to Wills
Claims Under the Inheritance (Provision for Family and Dependants) Act 1975
Claims Against Trustees and Executors
Financial Misuse
Interpretation of a Will

Challenges to Wills

When someone you care about dies, one of the last things to cross your mind could be making a challenge or facing a challenge to a Will, however, with inheritance disputes it is important to act quickly.

Grounds for contesting a Will can include belief of undue influence, insufficient mental capacity, fraud or forgery, lack of valid execution or lack of knowledge and approval.

If you have a situation where you would like to contest or are facing a claim from another, contact our team of experienced solicitors for your initial consultation.

Claims under the Inheritance (Provision for Family and Dependants) Act 1975

We understand that the loss of a friend or family member can be one of the hardest challenges you face. Dealing with the additional stress of a legal dispute, whether you are making the claim or defending a claim, can be difficult.

The Inheritance (Provision for Family and Dependents) Act 1975 allows claims to be made to an estate if “reasonable financial provisions” were not made for a dependent within the deceased’s Will.

If you or a family member believe you may be entitled to a claim under this Act, it is vital to contact our experienced team of litigators as soon as possible as time is limited.

Claims Against Trustees and Executors

When a person makes a Will or a Trust Deed, they will name trustees or executors that will carry out their wishes. Although this can be a difficult time, trustees or executors can make a mistake or not carry out their duties appropriately.

At this sensitive time, we can advise you on how to approach a claim against an executor or trustee and assist you throughout the process of taking legal action before replacing them with someone else.

Financial Misuse

After the loss of a relative, sadly, someone may try to take advantage of the deceased relative and their estate. Financial misuse can also happen prior to death if someone makes changes to a Will or gifts money when either they do not understand or are put under pressure.

Financial misuse can also occur, for example, where someone has been appointed to act as a person’s agent to cash their pension as their attorney but instead uses the money for their own benefit rather than in accordance with the power given to them.

Without a Will, situations can also become complex and arguments can arise as to whether someone is entitled to administer or benefit from the estate.

All situations can be very hard to cope with alongside the grieving process, but our solicitors can advise on any issues relating to a contested Will and support you throughout the process.

Interpretation of a Will

When someone dies, it can occasionally be difficult to understand their exact wishes within their Will. If the terms of a Will are unclear or you believe that the executor has misunderstood the intention it can be useful to get legal advice, especially as disputes can often arise as to who is entitled to see the Will.

Our specialist solicitors are experienced in understanding and interpreting the terms of a Will and can provide assistance throughout the process of executing the Will. Alternatively, if a dispute arises over the interpretation of the Will we can assist you to resolve the issue.