Contentious Probate Guide Process

Contentious Probate Guide Process

Some reasons to challenge a Will are:

• You have been left out of the Will
• Your entitlement under the Will is not what you expected
•  You may feel the deceased was vulnerable or had capacity issues and therefore didn’t understand the Will they were making.
• The Will was not properly signed and witnessed, or you think the Will has been forged.

If they died without a will – or if that will is disputed in any way – you may need help to make sure everything is handled fairly.

What is an Inheritance Act Claim?

The Inheritance (Provision for Family & Dependants) Act 1975, or ‘Inheritance Act’ or ‘1975 Act’ as it is frequently known, allows certain categories of claimant to bring a claim against an estate of a deceased person where ‘reasonable financial provision’ has not been made for them under the terms of the will or on the intestacy of that deceased person.

Categories or Claimant under the Inheritance Act include:

– Spouses/civil partners
– Children
– Someone who was financially maintained by the person who died

If you meet one of the situations described above and the deceased person didn’t leave a will, or you were left out of the will, or you have not been left as much as you expected you may be able to make a claim under the Inheritance Act for financial provision.

Strictly speaking you have 6 months to make an Inheritance Act claim starting from the date Probate was granted so you must act without delay. However, if the 6 months has lapsed, there may be circumstances in which an out of time claim may be made and you should seek advice from one of our team members as quickly as possible.

Nicholson Jones Sutton Solicitors can help you with your Contentious Probate matters.

Nicholson Jones Sutton Solicitors are here to help you through these difficult times. There can understandably be strong emotional feelings in these situations, you can rely on us to provide calm and reliable advice.

Some duties of our contentious probate specialists may include investigation, evidence gathering and providing assistance to our client or clients.

Our contentious probate team can help with the following aspects:

– You have been left out of the Will
– Your entitlement under the Will is not what you expected
– Your financial reliability on the deceased has not been taken into account
– An informal agreement has not been honoured
– The deceased had capacity issues at the time the Will was made
– Beneficiary disputes
– How to locate a Will
– You have a belief fraud has taken place

Our team has extensive experience in dealing with Contentious Probate matters. We are sympathetic, understanding, and are here to help you every step of the way.

Nicholson Jones Sutton Solicitors can usually act on your behalf on a No Win No Fee basis.

If you would like to discuss a matter or require some more information, please contact us via phone or email to arrange a free no obligation consultation.