WHAT ARE THE MOST COMMON TYPES OF CONTENTIOUS PROBATE DISPUTES

What Are The Most Common Types of Contentious Probate Disputes?

Here at Nicholson Jones Sutton Solicitors, we have a specialist team of solicitors dealing with Inheritance Disputes of one sort or another – and against that background we tend to see all sorts of claims. Sometimes we are asked to make claims and sometimes we are asked to defend claims that have been made by others.

The most common type of claim is a claim for reasonable provision under the Inheritance (Provision for Family and Dependents) Act 1975. These claims can be made by husbands or wives, former husbands or wives, partners who have lived together for more than two years, children (including adult children and children treated as children of the family), and dependants.

Most people who make a Will “get it right” and make appropriate provision for their family and dependents – but sometimes people making a Will deliberately make a decision to try to exclude people who might expect to be included – and this results in claims. The law relating to claims brought by adult children against an Estate is particularly complicated – some Claimants are successful and others are unsuccessful. Many claims get settled simply to avoid the risk for all parties.

Disputes about the Validity of a Will are also common. A Will can be invalid for many reasons – sometimes it’s technical reasons for example because the Will has not been properly signed and witnessed. Sometimes it’s because the person making the Will didn’t have sufficient mental capacity to do so. To be honest some Will preparers are not very good at taking instructions for a Will. A competent Will preparer will, in appropriate circumstances, make an assessment of the capacity of the person making a Will to make it – but to be blunt some Will preparers don’t do this and sometimes they prepare Wills for people who have a long-term diagnosis of Dementia and who may not have sufficient capacity to make a Will – they don’t understand what they are doing. These disputes are quite common.

We also deal with other disputes including disputes between Executors or disputes about Administration of an Estate. Sometimes Executors don’t do their job properly and won’t make prompt payment to beneficiaries. We can usually sort out those disputes – but we have to say that they are becoming increasingly common.

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

We are here to help. We can get it sorted. It’s what we do. Call us. It’s free to ask.

 

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