"Estate disputes are on the rise, and it is now estimated over a quarter of all deceased’s estates are disputed in some way; exacerbated by difficult economic times, increased value of property and family structures becoming much more complex."

Will Disputes, Inheritance Disputes, Contentious Probate and Estate Maladministration

tick signWill Disputes
tick signInheritance Disputes
tick signContentious Probate
tick signEstate Maladministration

It is an understatement to say the loss of a loved one is an extremely difficult time, but should you experience a dispute over the contents of a Will, the administration of a deceased’s estate, or the inheritance left behind, this can make the grieving process harder and more stressful.

Estate disputes are on the rise, and it is now estimated over a quarter of all deceased’s estates are disputed in some way; exacerbated by difficult economic times, increased value of property and family structures becoming much more complex.


Types of Dispute

 

Intestacy

It is further estimated 70% of us do not make a Will, and without one there will be questions as to who manages the estate? Who values the deceased’s assets, who has overall control? In the absence of a Will the rules of intestacy apply, which do not recognise cohabiting partners, estrangement in families, and impose an arbitrary division of assets without favour.

‘DIY’ Wills

It is possible to draft your own Will, and there are many providers (such as high street book shops and even supermarkets) who sell a “Will Pack”, but there are other elements to making a Will than simply the writing down of what you want to see happen if you die. Was there anyone leading you to prepare the Will in a particular way? Or could it be argued “after the event” their influence was such that the Will could be challenged, even if you thought they were just giving you a little help?

Will Writers

Problems can also arise in relation to Wills drafted by so-called professionals, which turn out to be defective with technical points missed, and when redress is sought the Will writing company may no longer exist.

Maladministration

If the Will is accepted, it may be the Executor is not up to the job, not appreciating the importance of communication with beneficiaries, or not fully understanding tax reliefs or obligations to pay debts. As a beneficiary you have rights to see an estate administered properly, but how do you enforce those rights in practice?


Dispute Glossary

 

Intestacy Dispute– Where there is no Will, and the rules of intestacy do not provide for individuals (such as cohabitees)

Contesting a Will – Where there is, or you believe there to be a problem with the Will itself, such as if the deceased did not have capacity when the made it, or its believed someone may have coerced the deceased.

Inheritance (Provision for Family and Dependants) Act 1975 Claims – If you have been left out of a Will or you have not been left as much as you had needed or expected.

Contentious Probate – Where there is a dispute over how the deceased’s Estate is administered.

Estate Maladministration – Sometimes described as “Devastavit” where an Executor has mismanaged an estate causing significant loss.

Trust Disputes – Including the removal of a Trustee.

Professional Negligence – Where a solicitor or Will writer has given negligent advice and/or not drawn up the Will properly.


What to do if you think something is wrong with a Will, inheritance or the way they have been administered.

 Our dedicated team are passionate about advising and representing those who have been wronged due to any of the above issues.

We are one of the few firms in the region who continue to offer a free 30 minute no obligation advice, face to face appointments and a client focussed commitment to success.

Don’t believe us? Take a look at our rating on Review Solicitors.

Contact us via our website, by email, by telephone or arrange your free 30 minute appointment to discuss with one of our experienced and compassionate solicitors.

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