Contentious Probate Solicitors

Losing a loved one is always very difficult. To then find that there are problems to resolve can just make a tough time even worse. We can help.

Our specialist lawyers can assist you with:

• The interpretation of the Will so that you understand what it will actually mean in practice. This can be quite complicated sometimes, especially where property is left in trust.
• Challenging the validity of a will, perhaps because, when it was written, there was a lack of mental capacity or because someone was exercising undue influence over the writer.
• What happens when there is no Will, known as Intestacy or being intestate.
• Making a claim if you have been left nothing, or where you have not been adequately provided for.
• Defending such a claim if you feel that there were good reasons for that omission.
• Dealing with (and sometimes even removing) an executor who has failed to deal with things or has handled them badly.
• Disagreements between beneficiaries.

Contentious Probate Cases

People usually make a Will to try to ensure that when they die their house, personal possessions, investments and other property passes to those who are important to them. They may have included trusts or other ways of trying to protect people they see as vulnerable. Sometimes, they also want to make sure that their assets do not go to someone who would otherwise inherit.

At Ringrose Law we believe that an individual’s right to decide upon what should happen to their estate should be upheld, but we also know that there are instances where the circumstances can give rise to doubts.

Concerns can arise where changes to a Will appear unusual or out of line with a pattern of previous provision. Circumstances can come to light that cast doubt upon an individual’s testamentary capacity at the time of making or changing a Will or as to the personal influences that could have been a factor in their decisions.

We can help you with concerns you have about a Will and look at whether it may be wise to make enquiries with the firm of solicitors or Will-writers as to the circumstances surrounding the preparation and execution of the Will and about any prior known Wills.  We can then advise you how best to move things forward.

Inheritance Act Claims – the Inheritance (Provision for Family and Dependants) Act 1975

There are also times when someone may feel that they have not been adequately provided for. They might be a spouse or a close family member, or they were financially dependent on the deceased.

In some circumstances, the Inheritance Act allows a claim to be brought against the estate. You may wish to bring such a claim yourself, or you may have been contacted by someone looking to do so.

When considering whether there has been adequate provision the court must have regard to a set of statutory factors, but these claims are always dependent on the individual circumstances. The wishes of the deceased will remain a factor to be considered in the balance. We can help you to decide whether to bring such a claim, or whether you can defend against someone seeking such provision.