Our lawyers will adopt a sensitive but commercial approach, looking for innovative solutions.
What kind of disputes can arise?
Disputes can arise at the outset, for example:
- Was there a later Will?
- Did the testator have mental capacity?
- Did he / she understand the contents of the Will and its consequences?
- Was the Will validly signed by the testator and witness? Were the signing formalities correctly observed?
- Were the signing formalities correctly observed?
- Was the Will made under pressure from (ie under the undue influence of) a beneficiary?
- Is the particular executor or administrator suitable to deal with the estate?
Disputes can also arise in the course of administering an estate, for example:
- Are the terms of the Will ambiguous?
- Has there been delay by the executors or administrators?
- What if they fall out with each other?
- What if they prefer the interests of one beneficiary over those of another?
- What if they fail to sufficiently safeguard the assets for the beneficiaries or sell assets at an undervalue?
- What if they fail to produce accounts?
- What if you are an executor or administrator facing these allegations?
What is the benefit of using a probate or a Will dispute resolution solicitor?
A Will specialist solicitor will provide practical advice on safeguarding your position (for example by entering a caveat) and on then resolving the dispute outside of the Court process if possible. If necessary an application will be made to the Court. Whatever action is taken, we will take particular care to minimise the risks you face on costs, and to see what can be done to recover costs from the estate or from your opponent.
Free initial telephone consultation
Call Nick Horton on 01892 701313, or email him to discuss your needs and options.