The loss of a loved one is already a challenging time, which can be further complicated by disputes over Wills and inheritance.
Navigating disputes over a Will should be done with the help of an expert solicitor to ensure a fair outcome.
At David W Harris, our team of contentious probate and inheritance disputes solicitors are experts in this field. We will provide practical, conscious probate litigation advice to alleviate stress during this difficult time.
Discuss your requirements with our contentious probate and inheritance disputes solicitors in Swansea, Pontypridd and Talbot Green
Contact our solicitors in Pontypridd, Swansea and Talbot Green for a free initial consultation; email us at info@dwharris.co.uk, or use our contact form to request a call-back.
Our contentious probate and inheritance dispute services
Contesting probate without a Will
When a loved one passes away without leaving a Will, this is known as Intestacy. In these cases, the Rules of Intestacy apply to the deceased’s estate and determine how it will be distributed. However, these rules may not reflect the deceased’s wishes or take into account the context of their family. During such an uncertain time, seeking the guidance of experts in this field can be invaluable.
Our experienced contested probate solicitors can assist with matters including:
- Disputes over the administration of estates
- Unreasonable provision for a child or dependant
- If an estranged spouse has inherited the estate
- The unmarried partner of the deceased has not been accounted for
Inheritance Act claims
The Inheritance (Provision for Family and Dependants) Ac 1975, known as ‘the Inheritance Act’, stipulates the right for someone to claim against an estate if they were excluded or received less than they expected from a Will. If you have been excluded from a Will, disagree with the direction of a Will, or do not receive anything under the Intestacy Rules, you may wish to make a claim.
Since these claims must be made within a year, it is crucial to seek professional advice immediately. Our contentious probate and inheritance disputes solicitors have years of expertise in ensuring that Inheritance Act claims are submitted correctly and efficiently to achieve the best possible outcome.
Challenging the executor of a Will
An executor is the person named in the Will responsible for managing the deceased's estate. Their responsibilities include distributing the estate accordingly, paying debts, collecting assets, and preparing accounts detailing assets and liabilities.
You should claim an executor if you feel that assets are being distributed incorrectly or their actions do not align with the Will. This can be challenging, but our compassionate team of inheritance solicitors are here to help. With their extensive knowledge and expertise, they will evaluate your case and work diligently to prepare a claim to achieve the result you deserve.
Trust disputes
A trust dispute occurs when trustees or beneficiaries disagree with the terms of the trust. Disputes involving trusts usually comprise one of the following:
- Disputes between trustees, beneficiaries or both
- Issues around the administration of a trust
- Concern about the conduct of a trustee
- Claims against trustees
- Disputes around the interpretation of trust documentation
- Queries regarding assets or finances
- Family trust disputes, including inheritance disputes between siblings
It is vital to seek the best legal advice to minimise conflict and reduce the likelihood of incurring extra costs and stress in court. At David W Harris, we specialise in solutions that resolve disputes in what can be a very complex legal area.
Frequently asked questions about contentious probate and inheritance disputes
What is contentious probate?
In the UK, contentious probate is a legal dispute that occurs when the legitimacy of a Will or the distribution of an estate is deemed questionable by an affected party. For instance, someone may feel that they have been unfairly treated in the Will, that the author was incapacitated when writing it, that the correct legal formalities were absent or that a spoken promise was broken.
Can you dispute inheritance?
An ‘Inheritance Act claim’ can be placed if a Will does not contain reasonable provisions for the dependants of the deceased.
It is essential to consult an expert probate solicitor to determine whether you have sufficient grounds for a claim.
What does a contentious probate and inheritance dispute solicitor do?
A contentious probate and inheritance dispute solicitor resolves disputes around inheritance, Wills and estates. At David W Harris, we favour an empathic and amicable approach, aiming to resolve matters outside of court where possible.
However, if the case requires court proceedings to reach a resolution, we will provide expert representation to secure a fair outcome. We offer services covering the following:
- Disputes over estate valuation
- Inheritance Act claims
- Disputes concerning Will interpretation
- Will disputes involving the legitimacy of the final document
- Fraud
- Disputes between executors/administrators
- Intestacy (where someone dies without leaving a Will) disputes
- Farmland/agricultural assets disputes
Who pays for contentious probate?
Every case is unique, and the cost and who pays it can differ significantly between cases.
Generally, if a dispute is unsuccessful, the claimant may be responsible for paying their own fees. However, if the claim is successful, the costs of the proceedings may be covered by the deceased's estate.
Our contentious probate solicitors will ensure you are aware of any potential costs that may arise.
How long can contentious probate take?
The length of a contentious dispute case varies on a case-by-case basis. Inheritance Act claims must be processed within six months of the issue of the Grant of Representation, with a further four months’ processing time allocated.
The ‘Executor’s year’ intends to allow executors and probate lawyers time to assess assets and complete accurate accounts, meaning that an estate is typically not distributed until a year after death. Therefore, some contentious probate cases can take over two years to conclude.
Speak to our contentious probate and inheritance disputes solicitors in Swansea, Pontypridd and Talbot Green
To discuss your requirements with our empathetic and practical probate and estate administration solicitors in South Wales, please get in touch.
Contact our solicitors for a free initial consultation; email us at info@dwharris.co.uk, or use our contact form to request a call-back.