Family structures tend to be more complicated than they once were. People remarry, have step-children and ex-partners. This can lead to an increased chance of disputes arising with regard to Wills and Estates of those who have died (Probate disputes). This is particularly a risk when a Will has been drawn up by untrained individuals or those who are offering services at a very low cost. Quality and and understanding of the issues at stake tend to not be adhered to.
Contentious probate relates to any dispute relating to the administration of a deceased person’s Estate, whether that be a dispute over the value of assets, the interpretation of a Will, or sometimes issues with Executors or feuding Beneficiaries.
Focus on Contentious Probate
As is often the way, the need for legal advice occurs at a time when there is already heightened emotional stress in your life. Losing a loved one is traumatic and problems with how their Estate is being handled can make it even harder. The role of Executor has strict rules attached to it. If you believe a loved one’s Estate is not being managed properly you can feel powerless to intervene. rhw can help you contest probate. Some of the areas we can help with include:-
- The interpretation of the Will itself
- Claims by Beneficiaries against the Estate
- Claims by third parties against the Estate
- Valuation of the assets involved
- Interacting with an Executor who may have mismanaged the Estate
- Disagreements between Beneficiaries
Even if there is no Will, rhw can help you contest how an Estate has been divided up. Estates can be very complicated, especially when there are multiple properties or international assets involved. rhw have the experience to deal with all these areas professionally and sensitively.
Claims under the Inheritance (Provision for Family and Dependants) Act 1975 (“Inheritance Act Claims”)
Inheritance Act Claims can arise where an individual feels they have been left an inadequate interest in the Estate, or no interest at all.
There are strict Court deadlines involved in these claims and specific criteria which an aggrieved party must satisfy in order to succeed.
Whether you wish to respond to an Inheritance Act Claim, or make one, our Dispute Resolution Team are ready to assist.