Wills & Probate Disputes
Wills & Probate Disputes
It’s difficult, losing a loved one. And with emotions running high, executors and family members can often find themselves in a dispute about the deceased’s estate. Whether you’re contesting a will in England or acting as an Executor and facing disputes with siblings and/or family members, Prosperity’s expert team can help.
Disputing a will in the UK
You might need professional help if you are unhappy about there being no provision or inadequate provision made for you under a will or if you believe there has been fraud. An issue could also arise if you believe that the executor is not discharging their duties in relation to the administration of an estate.
The will writer could have been negligent in drawing up the document, resulting in the will being invalid or leaving someone out of the will. Or you could be looking to claim a share or interest in a property which is not in your name. You might also need to remove someone not in lawful occupation of a property that you have inherited.
To address any of these issues, you need a specialist litigation solicitor experienced in dealing with wills and probate disputes,
Disputes about wills and administration of estates and trusts can arise in all sorts of circumstances including:
1. Where someone has been left with no provision or insufficient provision in a will of a family member or friend intentionally; or where the will may be invalid due to poor drafting, lack of mental capacity, absence of knowledge and approval, fraud, or undue influence.
2. The executor appointed under the will is not carrying out their responsibilities and is in breach of duty.
3. Money from the estate has been inappropriately withdrawn or distributed.
Sadly, someone can be left homeless or financially destitute if they have been unfairly left without any or adequate financial provision in a will.
Prosperity’s expert team can provide initial advice and guidance to help you decide the correct course of action, including an idea as to how likely you might be to succeed in contesting a will, the evidence needed to contest, as well as how much it costs.
If you decide to move forward, we can then provide you with the correct advice and legal support you need to continue.
Other will and probate disputes
Aside from the act of contesting a will, we can also provide legal advice in relation to other disputes that you might be involved in. Including:
- Lost wills
- Being left out of a will entirely
- Destroyed wills
- Executor’s disputes (for example removing Executors)
- Claims of Executor misconduct
- Estate claims
- Claiming a trust
Why Prosperity
Prosperity’s Wills & Probate Disputes team are made up of specialist contentious probate and property litigation solicitors. The litigation team is headed by Paul Magee, a solicitor with 30 years’ experience. Paul has dealt with many hundreds of complex wills and property disputes and has successfully brought all sorts of claims to court for compensation; declarations; injunctive relief; and orders for removal of executors and trustees.
An experienced litigator can provide the benefits of sound advice and representation. The ability to provide practical, legal, and strategic advice,
good management of the case, and skilful negotiation is vital. At Prosperity Law LLP, our contentious trust and wills litigation team provides a service which is second to none.
We understand the importance of providing value and support, technical and practical, to our clients who are confronted with these difficult issues. The nature of these disputes varies greatly and there can be a need for urgent action because of the statute of limitations or the need to stop the grant of probate being issued. We act for deputies, executors and administrators, and beneficiaries.
If you’d like legal advice in relation to contesting a will in England, or any other circumstance mentioned above, call Paul for a free initial chat. We will discuss all aspects of your case with you and advise you on the best steps to take to manage your dispute. We can guide you through each stage of the process to resolve the dispute so that your rights and interests are protected as much as feasibly possible.
Paul Magee
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