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The Inheritance (Provision for Family and Dependants) Act 1975 (the “Act”) allows...
After someone’s death, while emotions among family members are running high, matters relating to the estate administration can sometimes become contentious. If not tackled early on, disagreements may become entrenched, and there is a risk that the situation will escalate.
Involving expert Will dispute lawyers as soon as issues arise often means an out of court solution can be found, preventing the deterioration of family relationships. Our expert Will disputes and contentious probate solicitors in Birmingham are highly experienced in dealing with a wide range of disagreements. We are usually able to avoid litigation.
If you or someone close to you is the executor of a Will that has been challenged, you have been left out of a Will or there is a disagreement over the interpretation of a Will, our professional and sensitive contentious probate solicitors will support and guide you through this difficult time.
For legal guidance regarding anything related to Will disputes or contentious probate in Birmingham and the local area, please contact our Birmingham office.
Our contentious probate solicitors in Birmingham can assist with matters including:
- Will disputes
- Inheritance Act claims
- Executor and administrator disputes
- Actions to remove the executor of a Will
- Will and estate administration fraud
- Undue influence
- Trust disputes
Our related services include:
What is Contentious Probate?
Probate generally refers to the process of winding up someone’s affairs after their death. Contentious probate is when disputes arise, and those involved cannot agree on a way forward.
It can be very damaging to family relationships, and there is a risk that an estate could be drained of funds if the issue is not resolved quickly and results in a lengthy legal case.
Grounds for Contesting a Will in Birmingham
Grounds for contesting a Will or the administration process include:
- A claim that the Will is not valid, for example, because the deceased did not have the necessary mental capacity, or the document was not correctly executed or was fraudulent
- The deceased was unduly influenced by someone into making the Will that they did
- The deceased did not have knowledge and approval of the contents of the Will
- Someone was left out of the Will, generally a family member or dependant, and they wish to claim financial support from the estate, known as an Inheritance Act claim
- Executor disputes or administrator disputes
- A dispute between the beneficiaries and executors or administrators
- Proprietary estoppel, where someone was promised something by the deceased, they acted on this promise to their detriment, but were not left it
- The beneficiaries are concerned that progress is not being made to wind up the estate promptly or that their beneficiary rights are not being observed
- There is concern over the actions of the personal representatives and beneficiaries wish to remove an executor or administrator
Inheritance Act Claims
If someone close to the deceased is left out of their Will and they need financial support, they may be able to make a claim against the estate under the Inheritance (Provision for Family and Dependants) Act 1975. This allows the following individuals to make a claim:
- The deceased’s spouse or civil partner
- A former spouse or civil partner of the deceased, where the individual has not remarried or entered into a civil partnership
- A cohabiting partner who lived with the deceased for at least two years immediately prior to their death
- A child of the deceased
- Someone the deceased treated as a child of the family
- Someone the deceased maintained financially at the time of their death
If a spouse or civil partner makes a successful claim, they may be entitled to a similar sum to that which they would have received in a divorce.
Other parties may be entitled to ‘reasonable financial provision’ if their claim succeeds.
Executor Disputes and Removal
Winding up an estate can be complex, and disagreements often arise over the way in which matters are conducted.
It is also the case that where an executor does not conduct themselves professionally or breaches their fiduciary duty or the obligations they have as an executor, beneficiaries may wish to remove executors.
Our expert contentious probate solicitors in Birmingham routinely deal with cases where executors have failed in their duties, and we can advise you of the best course of action. Where there are issues to resolve, we can guide you towards a positive outcome or assist with more formal proceedings if required.
Will and Estate Fraud
Fraud is a very serious matter that can arise in relation to Wills and estate administration. If you believe a Will may be fraudulent or that an executor or estate administrator is acting fraudulently, then our specialist team can support you.
Issues we can assist with include forged Wills, hidden assets and fraudulent conduct in estate administration.
Trust Disputes
Disputes over trusts can be highly complicated, so getting the right advice is crucial. Our team members have experience advising both trustees and trust beneficiaries on a wide range of trust disputes, including:
- Breach of trustees’ duty to act in the best interests of the trust’s beneficiaries at all times
- A failure to protect and manage trust assets
- Conflict of interest and self-dealing, or trustees benefitting themselves from a trust asset, for example, purchasing something or loaning something from the trust
- Not meeting compliance duties, including not correctly registering the trust or accounting for and paying tax
- Not dealing with all beneficiaries equally
- Negligence or fraud
- Delays in dealing with trust matters
- Not providing beneficiaries with information to which they are entitled
How to Contest a Will in Birmingham
If you are contesting a Will solicitors will be able to give you guidance on the best approach. It is usually best to try to resolve matters out of court first, and our team members always aim to find a prompt solution that avoids litigation.
We can advise you on the strength of your case and negotiate on your behalf to try to agree on a way forward.
Where necessary, including in a contested probate case, we will put together a strong case and take any steps required to protect your position, such as lodging a caveat with the Probate Registry to prevent them from issuing a Grant of Probate.
We can issue a letter of claim or provide you with a defence, as required, and guide you through alternative methods of dispute resolution, such as mediation, to try to avoid court.
Should litigation be necessary, we will bring a robust case and ensure you are represented by an expert contentious probate advocate.
Time Limits for Will Disputes
If you wish to challenge a Will or make a claim against an estate, you should speak to probate dispute solicitors immediately. Some types of cases have strict time limits, and it is crucial not to miss these, as the courts will not always allow late applications.
In particular, in respect of claims under the Inheritance (Provision for Family and Dependants) Act 1975, there is a deadline of six months from the date of the Grant of Probate in which to file the claim at court.
Similarly, if there are errors in a Will and a claim is made to rectify these, the deadline is six months from the date of the grant.
In any event, the sooner inheritance dispute solicitors are involved, the better chance we have of protecting assets and gathering strong evidence in support of your case.
Contentious Probate Costs in Birmingham
We can discuss with you your options for funding contentious probate costs and give you a quote for the various stages of your case.
We may also be able to make a no win no fee arrangement with you.
Why Choose Roythornes for Contentious Probate in Birmingham?
Our team of contentious probate solicitors in Birmingham is made up of multiple knowledgeable, experienced professionals who have an excellent track record of providing clear, compassionate support to those involved in a Wills or probate dispute.
We make sure that our clients feel listened to and that all their concerns are addressed. We also take the time to inform and educate our clients on their rights and responsibilities, so they understand their position and can make clear-headed decisions.
We have been ranked in Tier One of the prestigious Legal 500 directory for Personal Tax, Trusts and Probate, and are members of ACTAPS, the Association of Contentious Trust & Probate Specialists.
If you are looking for contentious probate solicitors near me in the Birmingham area, call us today, and we will do all we can to assist.
Contact our contentious probate solicitors in Birmingham today
For legal guidance on contentious probate in Birmingham and the local area, please contact our Birmingham office.
