If you want contest a will, protesting a will, or considering challenging the executor of a will, we’re here to help. Whether you’re seeking to challenge or defend the validity of a Wills-Trusts-Probate, bring or defend a claim under the Inheritance Act, protect your interest in an estate, or have been excluded from an estate, we will assist you with the initial stages and ensure you are represented by an expert in litigation to progress your claim.
If you have been unfairly excluded from a will or feel that you have not been properly provided for under a will or contest a will. if your loved one did not leave a will, contesting the will or a loved one’s estate may be your best option.
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We understand that the process of disputing a will can be a daunting and challenging a will for all concerned, especially when dealing with the stress of having recently lost a loved one.
Our will disputes team is here to guide you through all the proceedings, ensuring you make the right decisions and arrive at the best possible outcome.
We focus on providing you with a clear plan from the outset, designed to support you through the distress and upset which is often a by-product of these disputes.
Contesting a Will involves various factors, and each case is unique. Nevertheless, challenges to an estate typically fit into specific categories. Here, we delve into the common grounds for contesting a Will and address other inquiries you may have about the process.
But if you suspect they won’t reflect the true intentions of the person making the will (the ‘testator’), or the will hasn’t been followed (‘executed’) correctly, it may be invalid and able to be contested.
Contesting a will today can be a complex process, especially if there’s doubt about its validity. If there is no will or the existing one is successfully contested, the estate will be distributed according to the rules of intestacy. These rules outline a hierarchy of relatives who will inherit the assets and possessions left behind by the deceased individual. So, it’s crucial to navigate the legal procedures properly when protesting a will or contesting an executor to ensure fair distribution according to the law.
If you believe you have grounds to contest a will, we strongly advise you to seek expert legal advice early on.
Our experienced team is ranked with over 30 years of experience in this area of law. Know more about funding on a “no win no fee” basis for your contentious probate disputes.
If you’re contesting a will or protesting a will, our team of experienced contentious probate solicitors is here to help. With over 30 years of experience in this area of law, we understand how daunting the process can be. Rest assured, we’ll guide you through it every step of the way.
Contesting a will can be a complex legal process, but it’s important to know that you have options. Whether you’re contesting an executor of a will or challenging the validity of the will itself, seeking legal assistance is crucial. Fortunately, there are funding options available to make the process more manageable. With services like “no win no fee,” you can pursue your case without worrying about upfront costs. This ensures that you have access to the legal help you need, regardless of your financial situation.
If you believe you have grounds to contest a will, we strongly advise you to seek expert legal advice early on.
We can help you assess your case and develop a strategy for challenging the will. We will not represent you in Court proceedings but will connect you to an appropriate and good specialist who can conduct litigation and the court process on your behalf no win no fee.
We are confident that we can help you get the outcome you deserve.
Disputes over wills can arise in several circumstances, including:
Claims against a will must usually be made within six months of the grant of probate being issued. This is the legal document that gives the executor the authority to administer the estate. If a claim is not made within this time, it may be too late to challenge the will.
As such, executors often wait until this six-month period has expired before distributing the estate. This is to avoid having to distribute the estate and then having to take it back if a successful claim is made against the will.
Here are some examples of how these disputes can arise:
A family member may dispute a will if they believe that it was not executed correctly. For example, if the will is not signed by the testator or if it is not witnessed by two independent witnesses.
If you are thinking about disputing a will, it is important to seek legal advice as soon as possible. We can assess your case and advise you on your legal options.
Types of Trusts
Many different types of trusts can be set up, depending on your specific needs and goals. Some of the most common types of trusts include:
Bare Trusts: A bare trust is a simple type of trust in which the trustee holds the assets for the benefit of the beneficiary. The beneficiary is entitled to the income and capital of the trust as soon as they are old enough to receive them.
Interest in Possession Trusts: An interest in possession trust is a type of trust in which the beneficiary is entitled to the income from the trust immediately, but not to the capital until a later date. This type of trust is often used for minor beneficiaries or for beneficiaries who are not yet responsible enough to manage their own money.
Discretionary Trusts: A discretionary trust is a type of trust in which the trustee has the discretion to decide how and when to distribute the income and capital of the trust to the beneficiaries. This type of trust is often used for families with multiple beneficiaries or beneficiaries with special needs.
Accumulation Trusts: An accumulation trust is a type of trust in which the income from the trust is accumulated and not distributed to the beneficiaries until a later date. This type of trust is often used to save for a specific purpose, such as a child’s education or a retirement fund.
Mixed Trusts: A mixed trust is a type of trust that combines elements of different types of trusts. For example, a trust may be a discretionary trust for one beneficiary and an interest in possession trust for another beneficiary.
Settlor-Interested Trusts: A settlor-interested trust is a type of trust in which the settlor (the person who creates the trust) retains some interest in the trust assets. For example, the settlor may retain the right to receive income from the trust or to appoint the trustee.
Non-Resident Trusts: A non-resident trust is a type of trust that is created and governed by the laws of a country other than the country where the settlor or beneficiaries reside.
Which type of trust is right for you will depend on your specific needs and goals. It is important to consult with an estate planning attorney to discuss your options and choose the type of trust that is best for you.
Here are some examples of how different types of trusts can be used:
A bare trust can be used to hold assets for a minor child until they reach the age of majority.
An interest in possession trust can be used to provide income to a beneficiary who is not yet responsible enough to manage their own money.
A discretionary trust can be used to manage assets for a family with multiple beneficiaries or for beneficiaries with special needs.
An accumulation trust can be used to save for a specific purpose, such as a child’s education or a retirement fund.
A mixed trust can be used to achieve a variety of different goals, such as providing income to one beneficiary and preserving capital for another beneficiary.
A settlor-interested trust can be used to retain some control over trust assets after the settlor has created the trust.
A non-resident trust can be used to reduce estate taxes or to protect assets from creditors.
It is important to note that this is just a brief overview of the different types of trusts. There are many other types of trusts available, and each type of trust has its own specific features and benefits. For more information please visit www.gov.uk/trusts-taxes/types-of-trust
Inheritance trust disputes can be complex and varied, but some common scenarios include:
Here are some specific examples of inheritance trust disputes that have occurred in the UK:
Other possible disputes include:
If you are involved in an inheritance trust dispute, it is important to seek legal advice as soon as possible. We can assess your case and advise you on your legal options.
Contesting a will is challenging the validity of a will. This can be done on a number of grounds, including.
Contentious probate is any dispute about the administration of a deceased person’s estate. This can include disputes about
The main difference between contesting a will and contentious probate is that contesting a will is specifically challenging the validity of the will, while contentious probate can include a wide range of disputes about the administration of an estate.
Here is an example:
Contesting a will: A beneficiary challenges the validity of a will on the grounds that the testator did not have the mental capacity to make a will.
Contentious probate: A beneficiary disputes the interpretation of a will and argues that they are entitled to a larger share of the estate than they have been given.
It is important to note that the two terms are often used interchangeably. For example, a lawyer might say that they are “dealing with a contentious probate matter” when they are actually challenging the validity of a will.
If you are thinking about contesting a will or pursuing a contentious probate claim, it is important to seek legal advice as soon as possible. We can assess your case and advise you on your legal options.
The time limit for making a contentious probate claim in the UK is six months from the grant of probate. This is the legal document that gives the executor the authority to administer the estate.
If you do not make your claim within this six-month time limit, you may need to apply to the court for permission to make a late claim. The court will only grant permission if you have a good reason for not making your claim on time.
There are a number of factors that the court will consider when deciding whether to grant permission for a late claim, including:
It is important to note that there are some exceptions to the six-month time limit. For example, if the executor has committed fraud or concealed assets from the beneficiaries, the beneficiaries may be able to make a claim after the six-month time limit has expired.
If you are thinking about making a contentious probate claim, it is important to seek legal advice as soon as possible. A lawyer can assess your case and advise you on the time limits that apply and whether you have a good case.
Here are some examples of when you might be able to make a late contentious probate claim:
The 12-year limit for making a contentious probate claim in the UK applies to claims for reasonable financial provision under the Inheritance (Provision for Family and Dependents) Act 1975. This means that if you are making a claim for financial provision from an estate, you must do so within 12 years of the date of the deceased’s death.
The reason for the 12-year limit is to encourage people to make their claims as soon as possible after the deceased’s death. This is because it can become more difficult to investigate and prove a claim after a long period of time has elapsed.
If you are unsure whether you are able to make a late contentious probate claim, you should seek legal advice.
Most disputes in the UK are resolved out of court through mediation and negotiation. This is because it is generally faster, cheaper, and less stressful for all involved.
If you are considering disputing a will, it is important to contact a contentious probate specialist before you involve any other relatives or beneficiaries of the estate. A specialist lawyer can advise you on your legal options and help you to resolve the dispute quickly and efficiently.
Here are some of the benefits of resolving a will dispute out of court:
There are a number of steps that you can take to try to resolve a contentious probate dispute without going to court, including
If you are unable to resolve the dispute amicably, you will need to file a claim with the High Court. The court will then hold a hearing to decide the case.
