Contesting a Will

One of the hardest things to go through is the loss of a loved one, and if there is a disagreement over their Will or estate, it can make things even more upsetting. In these circumstances, the legal procedure for determining how an estate should be allocated is known as contentious probate. If they died without a will – or if the will is contested in any manner – you may require the help of a solicitor to ensure that everything is managed fairly.

We realise how difficult it may be when the terms of the Will do not go as planned, or when there are issues between individuals inheriting and those in charge of administering the estate or managing the various assets. Disputes over the inheritance of a deceased person are unpleasant. Large and complex estates can create additional issues, so it is critical to have professionals on your side.

Reasons to Contest a Will

You may be able to contest a Will for the following reasons:

● You were left out of the Will
● You were not left as much as you were expecting or promised
● You believe the Will is incorrect in some manner

The Will may be invalid in some way if you believe the person making the Will lacked the mental capacity, was improperly influenced by another person, was not properly signed and/or witnessed, or you believe the Will was forged.

If you are considering contesting a Will, you should seek legal counsel as soon as possible.

Challenging an Executor of the Will

In the unfortunate circumstance you believe the estate of the deceased is being mismanaged by the assigned executor, you may be able to make a claim against them.

We understand this can make the bereavement process even harder. As the executor is a person who you should be able to trust fully, especially since they have important responsibilities over the estate. Which may include obtaining the possessions of the deceased and preparing documentation of the assets and liabilities in the estate. It can be a deeply personal role as they will also be responsible for paying any outstanding debts and finally, fulfilling the duties of the Will and distributing the estate.

If you fear the executor is not fulfilling their tasks, distributing assets incorrectly, or neglecting to do their other duties, we can help you make a claim against them.

The court can also assist in removing them from their position as the executor and someone else, like one of our solicitors, may take over with the administration of the estate.

When there is no Will

Dealing with the estate of a loved one who died without leaving a valid Will can be difficult. We are here to guide you through the process and ensure you get the benefits you are entitled to. Intestacy occurs when a person dies without a Will. The ‘rules of intestacy’ specify who is entitled to inherit from an estate. These restrictions, however, may not completely represent the deceased’s preferences or personal ties.

If you are experiencing issues like disputes over who should oversee the estate’s administration, if the partner/child/dependent of the deceased has not been properly provided or cared for, or if any portion of the estate has been inherited by an estranged spouse, our solicitors can assist you in making a claim.

When there is nothing to back up a claim, like a Will, contesting probate can be difficult, especially if the estate is vast or complex. The rules of intestacy make no allowance for unmarried couples and do not take into consideration any verbal agreements previously made by the deceased during their lifetime.

The NJS team can assist you if you believe you have been wrongfully excluded from an inheritance or have not received the necessary provision.

We can help

Our Contentious Probate Specialist Team at Nicholson Jones Sutton Solicitors can guide and assist you in all the above circumstances, however complicated they may be.

With the extensive experience dealing with Contentious Probate matters, the NJS team are understanding and sympathetic to your situation and will help you every step of the way.

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


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