Contentious Probate

If someone dies leaving a Will excluding a friend or family member who expected to benefit from their estate, or, if under the Rules of Intestacy a person is not provided for they often feel that their only recourse is to make a claim against the estate. Our team has the expertise to sensitively manage claims in this area.  The claims can be complex, so timely specialist legal advice is essential.

At Brethertons, our team represents clients making or defending claims, whether they are beneficiaries, disappointed beneficiaries, executors or trustees.

We have expertise in making or defending –

Claims challenging the validity of a Will or Codicil

If an individual did not know or approve of their Will’s contents, or was coerced or deceived into signing their Will, we can assist. We can also advise on the consequences of Wills not being signed or witnessed properly, the implications of mental incapacity or impairment when they made their Will, and the effect of marriage, divorce, or subsequent Wills or Codicils on the original Will.

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

If a person feels that insufficient or inadequate provision has been made for them we can analyse their needs against those of other dependents or beneficiaries in order to advise on bringing or defending a claim against the estate.

Clients should note that strict legal time limits apply to such claims.  The Inheritance (Provision for Family and Dependents) Act 1975 gives certain classes of individuals the right to claim against a Will or Intestacy.

Claims relating to the activities of Trustees
We can advise, bring or defend claims relating to the duties and responsibilities of executors and trustees including their replacement or removal for a range of reasons such as negligent, unprofessional or improper conduct.  We can also advise, bring or defend claims relating to the rights of beneficiaries and legatees.

Sharon Eyre Solicitor Tel:  (01788) 559 504 Email: sharoneyre@brethertons.co.uk	Richard Pell Senior Partner Tel:  (01788) 532 913 Email: richardpell@brethertons.co.uk