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Matters regarding probate can, unfortunately, often become contentious. During a period of grief within a family, when inquiries about the deceased's estate surface, it is common for tensions to rise and for things to become emotionally charged.
Situations like this often give rise to disputes over things such as inheritance or the administration of a deceased person’s estate, that can jeopardise even the most resilient of relationships.
Our contentious probate solicitors in Birmingham understand that even the most meticulous estate planning can fail to prevent problems arising between family members after the loss of a loved one. Our team are experts in providing practical and compassionate probate advice, whilst working to reduce your stress related to claims by or against an estate.
If you or someone close to you is the executor of a Will that has been challenged, or you have been left out of a Will, or there is a dispute over the interpretation of a Will, our professional and sensitive probate solicitors will support and guide you through this difficult time.
For legal guidance regarding anything related to contentious probate in Birmingham and the local area, please contact our Birmingham office.
Our contentious probate solicitors in Birmingham can assist with matters including:
- Will disputes
- Inheritance Act claims
- Executor and administrator disputes
- Actions to remove the executor of a Will
- Will and estate administration fraud
- Undue influence
- Trust disputes
A tailored approach to your contentious probate issues
Will disputes
Disputes over the interpretation of a Will can arise where the Will has been written in a way that is ambiguous or because there are mistakes in the way the Will was prepared. In these situations, it is often possible for the beneficiaries and the executor to agree how the Will should be interpreted, but it may also be necessary to apply to a Court to interpret and ‘rectify’ the Will.
Our contentious probate solicitors in Birmingham can help with the interpretation and rectification of Wills, unpicking any confusion and working towards a resolution all parties can agree to wherever possible.
Inheritance Act claims
Where someone who was financially dependent on the deceased has been left out of the Will or feels insufficient provision has been made for them, they may be able to make a claim against the estate. This would be done under the terms of the Inheritance (Provision for Family and Dependants) Act 1975, with these types of claims thus being commonly referred to as ‘Inheritance Act Claims’.
Our contentious probate solicitors in Birmingham can advise on making and defending Inheritance Act Claims. We can give clear advice on inheritance rights and the process of making a claim, then provide hands-on support every step of the way.
Executor disputes
Sometimes there will be more than one executor acting for the estate and they may disagree on how the Will should be administered. In other situations, there will be disputes between executors and beneficiaries about how the estate administration is being handled. There can also be disputes over the value of estate assets, where beneficiaries feel that the executors have not achieved the proper value for particular assets, such as property.
Our expert contentious probate solicitors in Birmingham can advise executors and beneficiaries on their rights and responsibilities when dealing with disputes related to the administration of a deceased person’s estate.
We can support you with the interpretation of the Will and advise on whether the administration is being handled properly. Where there are issues to resolve, we can guide you towards a positive outcome or assist with more formal proceedings if required.
Actions to remove the executor of a Will
The process of removing an executor varies depending on whether the application is being made before or after the grant of probate or letters of administration have been granted.
Often it is possible to remove an executor via an agreement rather than having to go to court. However, if this isn’t possible, before a grant of probate or letters of administration have been granted, the most common way to remove an executor would be to apply to the probate registry under section 116 Senior Courts Act 1981.
In the situation where a grant of probate or letters of administration have already been obtained, you would be required to apply to the High Court in order to remove the existing executor.
We would highly recommend having expert legal guidance during this process and our contentious probate solicitors have years of experience in dealing with matters like this. We will prepare you for this process and ensure that you are fully informed and supported through every step.
Will and estate administration fraud
Fraud is a very serious matter that does, unfortunately, sometimes arise in relation to Wills and estate administration. If you believe a Will may be fraudulent or that an executor or estate administrator is acting fraudulently, then our specialist team can support you.
Undue influence
A common concern is that the person who made a Will may have been improperly influenced to favour or disadvantage particular people. This is referred to as ‘undue influence’.
Where it can be shown that a person was improperly influenced in the making of their Will, then the Will could be disregarded and the estate divided under the laws of intestacy or a court could decide that the estate should be divided in another manner that it considers fair.
Our contentious probate specialists can support any parties who are dealing with an accusation of undue influence in relation to a Will.
Trust disputes
Disputes over trusts can be highly complicated, so getting the right advice is crucial. Our team have experience advising both trustees and trust beneficiaries on a wide range of trust disputes, including conflicts over how trusts are being administered.
Why choose Roythornes’ contentious probate solicitors in Birmingham?
Our team of contentious probate solicitors in Birmingham is made up of multiple knowledgeable, experienced professionals, who have an excellent track record of providing clear, compassionate support to those in need during these difficult times.
We make sure that our clients feel listened to and that all their concerns are addressed. Furthermore, we take the time to inform and educate our clients on their rights and responsibilities, so they know exactly what they are getting into and can make clear-headed decisions. We have also been ranked in Tier one of the prestigious Legal 500 directory for Personal Tax, Trusts and Probate.
Get in touch with our contentious probate solicitors in Birmingham
For legal guidance regarding anything related to contentious probate in Birmingham and the local area, please contact our Birmingham office.
