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.
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Wills, probate & private client news
Reporting duties for a financial deputy
The judicial decision that the will of HRH the Duke of Edinburgh be kept private for the next 90 years highlights that a will generally becomes a public document once probate has been granted, open to be read by anyone with an interest in the estate, highlighting the importance of discussing intentions to avoid later challenges to the estate and to exclude any confidential information.
Wollens Solicitors Exeter – We have moved !
Wollens are delighted to announce that we have made our move from Cathedral Yard in Exeter city centre into new office space conveniently situated at Pynes Hill, Exeter. The new space has been fully refurbished and designed to create an inspiring, exciting, and...
Wollens Solicitors Exeter – we are on the move !
Wollens are delighted to announce that we will be moving from our current office at Cathedral Yard in Exeter city centre into new office space conveniently situated at Pynes Hill, Exeter, opening on Monday 27th March 2023. The new space has been fully refurbished and...
Charlotte McGregor appointed as new vice chair at Exeter Chamber
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What is the Trust Registration Service?
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Iain Douglas celebrates 40 years at Wollens !
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Probate is a term which is loosely used to cover the administration of an estate, and it has a reputation for being a lengthy process. The administration includes a number of key stages, including obtaining the grant of probate, paying out to beneficiaries, and...
