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:
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.
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.
Wills, probate & private client news
Wollens were delighted to be awarded the ESG Initiative Award at the LawNet Ltd annual awards.
At Wollens we believe that sustainability is fundamental to the long-term success of our business and the communities we are a part of. We actively engage and demonstrate our commitment to reducing our carbon footprint. There were two specific identifiers which helped us prioritise ESG as firm. The first was the 2050 net zero target set by the government, and secondly the feedback from our staff survey which indicated that this was an issue for many of them.
When it comes to planning for the future, making a Will is often overlooked or considered unnecessary by many individuals. However, the truth is that creating a Will is a critical step in ensuring that your wishes are carried out according to your desires after you pass away.
The Mental Capacity Act sets out various factors that you must consider when deciding what is in another person’s best interest. It is important to follow what the Act says.
Wollens is delighted to secure a number of rankings within the prestigious Legal 500 directory 2024 edition. The Team Wollens were part of the 700 brave souls who competed in the North Devon Hospice Mission Unbreakable challenge, ditching their cozy Sunday at home, the teams took to the fields, mud and obstacles.
Wollens is delighted to secure a number of rankings within the prestigious Legal 500 directory 2024 edition. The Legal 500 is the leading guide to law firms and solicitors in the UK.
You should ensure that you understand the role and are willing to take on the responsibility before starting to act.
Estate planning for blended families can be complex. Ensure a smooth transfer of assets and protect your loved ones with our latest article: “Estate Planning for Blended Families: Navigating Wills and Inheritance.” Read now to plan your legacy wisely.
No matter how large or small a beneficiary’s entitlement, problems can sometimes occur. Being aware of common problems can help you better prepare for them.
A health and welfare Lasting Power of Attorney (LPA) allows attorneys to make decisions about medical care, however there may still be some medical decisions which remain outside of their remit.
To help ensure your child is provided for sufficiently, it is best to seek professional advice tailored to your circumstances and the needs of your child