Contentious Probate Solicitors

There is strong evidence to suggest that disputes relating to the money, property, legal and financial affairs of those who are ill, infirm or have died are on the increase. Why is this? There are many reasons, including:
- Concern for an elderly or infirm person and/or his/her property or money on death.
- An expectation of and need to protect a gift of money or property.
- Disappointment at failing to receive a promised gift or inheritance.
- A perceived need or entitlement to financial assistance.
- Failure to protect property and money for those left behind or affected by a person’s promise, illness or death.
- The taking or transfer of money or property by someone in circumstances that appear wrong or unexplained.
- Fraud.
- Failure of those required or in a position to protect a person’s money or property and distributing it properly.

Here at Richard Nelson LLP, we have an experienced contentious probate legal team who are specialists in the field of property and inheritance disputes. Our inheritance and probate solicitors regularly undertake work for clients affected by money and property disputes, whether family related or in a situation where money or property is held on trust. The following highlights a range of situations that our contentious probate solicitors have experience in dealing with.

Disputes relating to the interpretation or validity of a will or codicil

Such disputes often relate to whether the person who made a will or codicil had the required “mental” capacity to do so or were forced into making a will or codicil against their true intentions and did not really understand what they were doing. Sometimes a will or codicil is found to be invalid due to it being signed incorrectly. Other problems may involve the interpretation of the wording or a will or codicil in order to understand exactly what the deceased intended.

Resolving problems with the distribution of a person's estate and property

Sometimes it is necessary to remove or replace the executors and trustees appointed by the will or codicil particularly where there is evidence that they are abusing their position or failing to act properly.

Making claims to secure a settlement under the Inheritance Act 1975

Claims to the court by individuals adversely affected by a death may be able to negotiate a settlement or secure an award from a court under the Inheritance (Provision for Family and Dependants) Act 1975. Subject to a short time limit those who fail to receive reasonable financial provision from the estate of the deceased may still be entitled a share of the estate.

Making claims regarding assets wrongly transferred by a person prior to death

In the days of internet banking, there are many instances involving unlawful transfers of money particularly where someone has legal or actual control over a person. Often it is necessary to seek an Order of the Court of Protection to ensure a person and his/her assets and money are secured.

Making claims involving trusts

Such claims can involve enquiries into the interpretation or administration of a trust deed or question the actions of the trustees in protecting the beneficiaries of the trust. Often claims are made to remove or replace trustees shown to be acting contrary to the obligations required of them.

Making negligence claims against those who have prepared a will

Those preparing a will have a legal duty to ensure that the will is valid. Anyone suffering financial loss as a result of a failure to ensure a will is valid may well be entitled to make a claim.