dispute solicitors sheffield

Contested Probate Claims and Will Disputes

Family life is complex these days as many people marry more than once and as a result may have more than one family. This can lead to disputes as to who should inherit a person’s estate when they die.

The answer will depend on whether or not a Will has been made, and if there is a Will, whether it is valid. For example, should there not be a Will, it could be that administrators are not administering the estate in accordance with the Rules of Intestacy which cover the situation where someone who has died has not made a Will.

Problems could also include concerns about whether a Will is valid or not, the failure to provide for someone in a Will, or concerns whether the executors or administrators during their administration of a deceased person’s estate are doing their job properly.

Whatever the issue, look no further than our specialist disputes team who have a considerable amount of experience in this complex area of law.

Some examples of where contested Probate claims may arise include:

Invalid Wills:

For a Will to be valid it must be in writing, signed, dated and witnessed following stringent rules. If these rules are not complied with then the Will may be invalid.

Lack of Capacity to make a Will:

Will disputes are common when the person making the Will may have been suffering from Alzheimer's disease or other forms of dementia. The person making the Will must have been aware of what they were doing when they made the Will. If you are concerned a loved one died without the capacity to make their Will please get in touch, we can help.

Undue Influence:

This is where the person making the will was forced against their wishes into making or altering their Will, for example if they were forced to make someone benefit in  the terms of their Will who they would not have otherwise provided for.

Financial Dependents:

These types of claims can be made against a person’s estate if it can be shown that the person making the claim was in some way dependent upon the Deceased financially before they died.

If any of these issues affect an estate that you are involved in either as a beneficiary or in administering it please contact us.