Disputed Wills and Probate

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Disputed wills and intestacy often arise from conflict between family members however carefully a will might have been prepared or its contents justified.

A will completed by an elderly person which does not meet the expectations of family members may be the subject of a challenge on the grounds of a lack of capacity, undue influence (for example, by a particular family member), or want of knowledge and approval.  Whether such a challenge is realistic or sustainable and the implications of a will being found to be invalid can be far reaching and require careful consideration.

A valid will does not prevent an application under the Inheritance (Provision for Family and Dependants) Act 1975 which entitles various classes of disappointed beneficiaries to make an application to the court for provision to be made for them.  These are not straightforward issues and often arise at a time when emotions are running high following the death of a relative. We are highly experienced in dealing with disputes which may arise following a family death.

Specialist advice

We advise on a full range of disputed wills and probate issues including:

  • challenging a will
  • bringing or defending claims under the Inheritance (Provision for Family and Dependants) Act 1975
  • protect your interests pending a dispute arising 
  • the duties of executors and their obligations in terms of administering estates
  • professional negligence claims
  • issues in relation to will trusts and their administration

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