Solicitors in Putney and Chiswick
Probate & Will Disputes
 

Probate & Will Disputes

After a death, disagreements can often arise over the Will or the way in which the deceased’s estate is being administered. 

At Gibson Young Solicitors, we understand how difficult it is to have to deal with a dispute when you have lost a loved one. As well as being legal experts in contentious probate and Inheritance Act claims, our wills and probate lawyers are sympathetic and understanding and we will do all we can to resolve matters without delay. 

Where possible, we will work to find a solution that does not involve lengthy court proceedings and that allows the estate administration to be finalised. Our probate and Wills disputes solicitors have extensive experience in resolving disagreements, including those involving complex and high value estates. 

We deal with a full range of contentious probate and inheritance disputes, including the following:
• Contesting a Will if it is not believed to be valid
• Inheritance Act claims where someone is entitled to an inheritance from the estate
• Contentious probate or estate administration disputes where the estate is not being dealt with properly
• Disputes where there is no Will
• Claims against an estate where there is no Will
• Lost Wills 
• Executor disputes
• Trustee disputes
• Removal of executors or removal of administrators
• Professional negligence claims where a professional has not provided the service they should have done.

Contact our London SW15 Putney solicitors about probate and Wills disputes.

If you would like to speak to an expert probate and Wills disputes solicitor in SW15, ring us on 020 7924 2919, email us at reception@gibsonyoungsolicitors.com or fill out our Contact Form.

For information about related services from our Wills, trusts and probate solicitors, see Probate and Estate Administration.

How our SW15 putney lawyers can help with probate and Wills disputes.

We will go through the details of what has happened with you and advise you of the strengths and weaknesses of your case. We will discuss the options open to you and work on your behalf to achieve the outcome you want.

This could involve negotiation or it may require a court hearing. We will ensure that we prepare the strongest possible case on your behalf and that you have expert representation.

We understand that this type of claim can be stressful and often upsetting and we will support you throughout. We always work proactively and we will keep you updated as to progress, making sure that we are available to discuss matters and answer your questions as needed.

Probate and Wills disputes solicitors FAQs

What is contentious probate?
Contentious probate is a dispute over an aspect of the winding-up of someone’s estate after their death. It could relate to the validity of the Will or the way in which the administration is being dealt with. It also includes claims made against the estate by someone who believes that they should have been included in the Will or that they are entitled to receive something from the estate.

Can I challenge a Will?
If you believe that a Will is not valid, then you may be able to challenge it. 

What are the grounds for challenging a Will?
Grounds for challenging a Will include:
• You believe that the deceased was unduly influenced into making the Will by someone
• They did not have sufficient mental capacity to make a Will or did not properly understand the contents of the Will
• The Will was not executed correctly
• The Will was revoked by marriage
• Forgery or fraud
• You have not been included in the Will, but you were reliant on the deceased for support

What is a caveat?
A caveat is a legal warning that can be used to temporarily prevent someone from taking out a Grant of Probate. It can be used if you believe that there is a problem with the Will or where you do not think that the right person is applying for the Grant of Probate.

An application is sent to the Probate Registry, which will put a caveat in place for six months, meaning that no-one can obtain a Grant of Probate during that time. It can be renewed if necessary.

It is strongly recommended that you seek legal advice before entering a caveat. If a caveat was not an appropriate step, then there is a risk that the person who entered it could be liable for the estate’s legal costs in having it removed.

Can I claim an inheritance from an estate?
If you were reliant on the deceased for support but you were not left anything in their Will or you believe that you need more to maintain you, you may be entitled to make a claim against their estate under the Inheritance (Provision for Family and Dependants) Act 1975.

The following individuals may be entitled to bring a claim:
• The deceased’s spouse or civil partner
• A former spouse or civil partner, where they have not remarried or entered into a civil partnership
• Children of the deceased and those who were treated as children by the deceased
• Someone who had lived with the deceased continually for two years or more before they died
• Someone who was being maintained financially by the deceased

There are time limits for starting an Inheritance Act claim, so it is important not to delay.

Can I challenge the executors of an estate?
The executor of an estate is responsible for collecting in the deceased’s assets to include selling any property they may have owned, paying Inheritance Tax and other liabilities, preparing estate accounts and distributing the estate to the beneficiaries named in the Will.

If you believe that an executor is not dealing adequately with the estate administration or they are guilty of serious misconduct, then there is an option to ask the court to substitute or remove them.

It may be possible to negotiate with the executor so that they stand down and court action can be avoided. An experienced contentious probate solicitor will be able to advise you of the best course of action and the necessary steps to take to protect the estate.

How do I defend a claim against an estate I am administering?
If you are dealing with the administration of an estate either as an executor (where there is a Will) or an administrator (where there is no Will) and a claim is made against the estate, you should seek legal advice straight away. You are bound to act in the best interests of the beneficiaries of the estate and this will involve protecting the estate against claims.

If the estate suffers loss because of your actions or failure to act, you could be held personally liable. If you ask us to represent you, we will ensure that you are protected as far as possible and that the claims are robustly defended.

Contact our expert London probate and Wills disputes solicitors SW15.

At Gibson Young Solicitors, we offer both legal expertise and outstanding client service. We are friendly and approachable and our advice is clear and straightforward. 

If you would like to speak to an expert probate and Wills disputes lawyer in Putney, ring us on 020 7924 2919, email us at reception@gibsonyoungsolicitors.com or fill out our Contact Form. All initial enquiries are free of charge and without any obligation.

Putney Office: 1 & 2 Crescent Stables, 139 Upper Richmond Road, Putney, London SW15 2TN
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