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Contentious probate

Home » Services » Wills, probate & private client » Contentious probate

This is an umbrella term that refers to a range of disputes and issues that may arise after someone’s death. 

The scope of such disputes is extremely wide, but some typical examples are: 

Validity 

If you can show that the deceased lacked the legal capacity to make their will; was unduly influenced into making it or neither knew or approved of its contents, then its validity could be challenged. 

Inheritance (Provision for Family and Dependents) Act 1975 

Where a will (or intestacy) fails to make reasonable financial provision for a spouse, civil partner, child, cohabitee, relative or someone otherwise financially dependent on the deceased, then a claim could be made against the deceased’s estate. 

Estate administration disputes 

The executors of an estate have various duties – the most important one of which is to ensure the estate is properly administered. Is the executor wasting assets? If you are a residuary beneficiary is the executor failing to provide you with information despite repeated requests to do so? Are you concerned that the executor has a conflict of interests because they are both executor and beneficiary? Is you co-executor making decisions that you should be making jointly? Is the administration of the estate taking too long? There are many ways in which we can help you whether it is to remind executors or their duties or invite to court to remove or replace them. 

Trust disputes 

See our trusts page for details of what a trust is. 

Are the terms of the trust ambiguous? Is there disagreement over who the beneficiaries should be, or the type of trust involved? Are the trustees in breach of their legal duties? Have they failed to take proper investment advice? Do their duties conflict with their own personal interests?  Alternatively, are you a trustee concerned about being exposed to a claim because of a decision you have made? 

Whatever your contentious probate dispute, we will actively encourage you to resolve it without recourse to the courts. Alternative Dispute Resolution is an important process that could 

In 2017 we received the Law Society’s prestigious Excellence in Private Client Practice award for our work in this area of law.  

We can provide different pricing options depending on your budget and we are happy to have an initial chat without obligation – contact us today. 

Contact Us

North, South, East or West. Wherever you are, we’ve got you covered. Contact us today for an informal chat, without obligation. We look forward to hearing from you.

Torquay:
01803 213251

Exeter:
01392 274006

Barnstaple:
01271 342268

Newton Abbot:
01626 332266

Dartmouth:
01803 832191

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