From Farming to the Future and the Challenge of Passing It On
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It is sometimes the case that disagreements arise when an estate is wound up after someone’s death. It can be a difficult time, and when family members have different opinions over what the deceased wanted to happen, disputes can escalate if not dealt with quickly.
At Roythornes, our experienced Will disputes and contentious probate solicitors in Nottingham can step in to resolve matters. We always aim to find a prompt solution, avoiding the need for a court case.
This will allow the estate administration to be completed without unnecessary delays and can prevent family relationships from deteriorating.
For legal advice and guidance on Will disputes or contentious probate in Nottingham and the local area, please contact our Nottingham office.
What is Contentious Probate?
After a death, the deceased’s executors or, if there was no Will, their administrators are responsible for finalising their affairs, collecting in their assets and distributing the estate to those entitled to inherit. This is known as the probate process.
Contentious probate is when a dispute arises during this time. There are many ways in which this could happen, including disagreements over the handling of the administration process and the validity of the Will.
If you are dealing with contested probate, either as an executor or a beneficiary, speak to us today, and we will do all we can to assist.
Grounds for Contesting a Will in Nottingham
Grounds for contesting a Will or objecting to the way in which the administration is being handled include:
- The Will is invalid. This could be because:
- It was not correctly executed or the witnessing was not legally compliant
- The person who made the Will, known as the testator, did not have the mental capacity to do so
- The testator was unduly influenced or coerced into signing the Will
- The testator did not have knowledge or approval of the contents of the Will
- The Will was forged or fraud has taken place
- An Inheritance Act claim, where someone the deceased should have supported financially was not included in the Will, or that person did not receive reasonable financial support
- A dispute has arisen between the estate’s executors or other individuals, such as the trustees or beneficiaries
- The beneficiaries do not believe that the executors or administrators are fulfilling their legal obligations
- Proprietary estoppel, where an individual was promised an asset by the deceased during their lifetime, the individual relied on this promise to their detriment, but when the time came, the asset was not left to them
- 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
- The beneficiaries wish to remove an executor or administrator
Types of Will and estate disputes we handle
- 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:
Inheritance Act 1975 Claims
When an individual is left out of a Will, they may be able to make a claim under the Inheritance (Provision for Family and Dependants) Act 1975. This allows the following individuals to request financial support from someone’s estate:
- The deceased’s spouse or civil partner
- The deceased’s former spouse or civil partner, provided they have not remarried or entered into a civil partnership
- A cohabiting partner of the deceased who lived with them for a minimum of two years immediately before their death
- A child of the deceased
- Someone the deceased treated as their child
- Someone the deceased was maintaining financially at the time of their death
A spouse or civil partner who makes a successful Inheritance Act claim may be entitled to a sum similar to that which they would have received in a divorce.
Other successful claimants are entitled to ‘reasonable financial provision,’ and the courts will look at a range of factors in deciding how much to award.
If you believe you have a claim, please contact us today to speak to one of our expert inheritance dispute solicitors.
Executor Disputes and Removal
Executors can be under pressure from beneficiaries during the administration process, particularly if the process is not dealt with promptly. There may also be questions as to the actions of executors, including whether they are dealing with assets correctly, preserving the estate, providing information to beneficiaries and avoiding conflicts of interest.
Beneficiaries may want to remove an executor, and we can advise on the grounds for this and look at any other potential options.
Disputes Between Beneficiaries
Disagreements can also arise between beneficiaries, including when they feel they are not being dealt with fairly or where another beneficiary is being prioritised. Issues also commonly arise over property, especially if one beneficiary lives in an estate property, and personal or valuable items.
We always aim to avoid escalation of a situation, and our Will dispute lawyers will work to find a way forward that reduces conflict.
The Contentious Probate Process in Nottingham
If you are contesting a Will solicitors can advise you on your rights and whether you have valid grounds to take the action you wish, such as making an Inheritance Act claim or removing an executor.
We will start by assessing the situation and putting together the available evidence in support of your position.
It is generally best to try to avoid litigation, and our probate dispute solicitors will look at alternative solutions and aim to negotiate an acceptable outcome.
Time Limits for Will Disputes in Nottingham
There are strict time limits for some types of contentious probate claims, and it is important not to miss these. For example, an Inheritance Act claim must be filed within six months of the date of the Grant of Probate. Similarly, if you wish to apply to the court to rectify a Will, you have only six months in which to do so.
On occasion, the court may allow a later application, but it would be necessary to explain why the deadline was missed, and there are no guarantees.
It is also recommended to instruct a solicitor as soon as an issue arises, as it will be easier to collect evidence while matters are still fresh in people’s minds.
Costs and Funding Options
We can discuss the available options for funding contentious probate costs and give you a quote for the work needed at each step of the way.
We may also be able to make no win no fee arrangements with you.
Why Choose Roythornes for Will Disputes in Nottingham?
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. Your case will be handled by an expert contentious probate solicitor who has years of experience and who will have a clear and robust grasp of your case.
We also hold the Law Society’s Lexcel accreditation, which recognises that we operate a quality legal practice, meeting the highest standards in the provision of client care, legal compliance and practice management.
We prioritise working constructively to find solutions to legal disputes, and will always explore resolving matters by way of negotiation and alternative dispute resolution, such as mediation, before turning to the courts.
If you are looking for expert contentious probate solicitors near me, call us today, and we will do all we can to assist.
Contact our contentious probate solicitors in Nottingham today
For legal guidance on contentious probate in Nottingham and the local area, please contact our expert Will dispute solicitors at our Nottingham office.
