Contentious Probate Solicitors
Coping with the death of a loved one is always difficult, but this process can become even harder to handle when a dispute arises over the deceased person’s will and estate. When this happens, the contentious probate solicitors at Clough & Willis are here to help.
Our expert legal team is highly experienced in resolving will disputes and finding a solution to the problems caused by contentious trusts. We will provide guidance and support throughout the process to help bring contentious probate claims to the fairest possible conclusion, and will handle the case with the sensitivity and compassion it requires.
How we can help
Contentious probate cases arise when there is a dispute over the administration of a deceased individual’s estate. This may concern the value of their assets or disagreement over how their will should be interpreted; it may also pertain to other conflicts between the estate’s executors and beneficiaries.
The contested probate solicitors at Clough & Willis can help to resolve these disputes by assessing the facts of the case and advising you on the best legal solution. Our services include:
- Challenging the validity of a will
- Defending against a contentious probate claim
- Asset valuation
- Applying for executors to be substituted or removed
- Assisting with the recovery of assets
We have experience of representing executors, administrators, beneficiaries and trustees in contested probate cases. We understand how emotive these situations can be, and will always strive to deliver a fair and amicable resolution.
When can a will be contested?
A will can be contested on a number of legal grounds, including:
- Lack of testamentary capacity, or mental capacity to make a valid will
- Lack of testamentary intention, meaning the document was not intended to act as a will by its maker
- Lack of due execution, when the document has not been drafted and signed correctly
- Lack of knowledge and approval, meaning the testator did know or approve the contents of the will
- Undue influence, when the will’s contents were influenced by coercion or manipulation
- Fraud or forgery, when the will can be proven to be faked or created under false pretences
- Rectification or construction, or pertaining to a dispute over the interpretation of the will
- Claims under the Inheritance (Provision for Family and Dependants) Act 1975, when a beneficiary believes the will does not offer them a reasonable financial provision.
Need help right away?
Contact Clough & Willis
Clough & Willis offer compassionate and easy-to-understand advice at every step of the legal process.