Contentious Probate
Specialist advice on inheritance and estate disputes
The death of a loved one is often an extremely difficult time. When disagreements arise over a will or the administration of an estate, the situation can become even more stressful and place significant strain on family relationships.
Whether you have concerns about the validity of a will, believe that you have not been properly provided for, or are an executor facing a claim, obtaining specialist legal advice at an early stage can make a considerable difference.
Cognitive Law advises clients on a wide range of contentious probate matters, acting for both beneficiaries and executors in relation to inheritance and estate disputes.
How Cognitive Law can help
The firm regularly advises on:
- Challenges to the validity of wills;
- Defending claims against a will or estate;
- Claims under the Inheritance (Provision for Family and Dependants) Act 1975;
- Disputes concerning the administration of estates;
- Disputes between executors and beneficiaries;
- Applications to remove or replace executors;
- Claims involving financial abuse and the recovery of estate assets;
- Disputes concerning the ownership and distribution of estate assets.
Contesting or Defending a Will
Disputes concerning the validity of a will can be particularly difficult, often involving family members with strongly held and opposing views.
A will may be challenged on a number of grounds, including:
- Lack of testamentary capacity;
- Lack of knowledge and approval;
- Undue influence;
- Fraud or forgery;
- Failure to comply with the legal requirements for making a valid will.
Cognitive Law regularly advises both those seeking to challenge a will and those defending claims concerning the validity of a will, including executors and beneficiaries.
Inheritance Act Claims
One of the most common questions following a bereavement is whether a person can bring a claim because they have been left out of a will or have not received as much as they expected.
Being disappointed by the contents of a will does not automatically give rise to a legal claim. However, under the Inheritance (Provision for Family and Dependants) Act 1975, certain individuals may be entitled to seek reasonable financial provision from an estate where inadequate provision has been made for them.
Claims may arise where:
- A spouse or civil partner has not received reasonable financial provision;
- A cohabitant has been left with insufficient provision;
- A child has been excluded from a will;
- A dependant has not been adequately provided for;
- The intestacy rules fail to make reasonable financial provision.
These claims are subject to strict time limits and early advice is often essential.
Executor and Estate Disputes
Administering an estate can be challenging, particularly where there is disagreement between beneficiaries or concerns regarding the way in which an estate is being managed.
Executors often find themselves in difficult positions, balancing competing interests and making important decisions at a time when emotions are running high.
Cognitive Law advises both executors and beneficiaries in relation to disputes arising during the administration of an estate and can assist with applications concerning the conduct or removal of executors where appropriate.
A Practical and Sensitive Approach
Inheritance disputes can be emotionally draining and can place considerable strain on family relationships. Cognitive Law provides clear and straightforward advice, helping clients understand their options and working towards a practical and proportionate resolution wherever possible. Please do not hesitate to contact us on 0333 400 4499 for a no obligation chat.