When a loved one dies, contentious probate disputes can occur. Applying for and receiving a grant of probate should be simple; it helps you acquire access to the deceased’s estate so you can begin to distribute it in accordance with their will and wishes. However, claims and disputes can arise, and when they do, you will need the help of an experienced probate solicitor.
Here at Van Eaton solicitors in Streatham, we can assist with probate and estate administration, and any disputes that may arise. Whether you’re a loved one who feels they’ve been wrongly omitted from the will, or you believe there is a problem with the will, we can help you gather the appropriate evidence and get the result .If you would like to find out more about the various probate disputes, please read our latest article below.
Issues with the Will
Usually when a person dies, they leave behind a will which details their beneficiaries.. If they don’t leave a will, they are known as dying ‘intestate,’ which you can read more about here. Sometimes, individuals may take issue with the contents of the will or how it was drafted. Will disputes include the belief that the deceased lacked the appropriate mental capacity when making the will, it was forged, or they were subject to undue influence.
Sometimes, the points mentioned above can be hard to prove. The burden of proof lies upon the person making the claim, but here at Van Eaton, our probate solicitors can help you gather the relevant evidence. We always aim to keep your case out of court by implementing alternative dispute resolution, such as mediation. If this isn’t possible, we will assist you throughout the court proceedings. To read more about different will disputes, please read our previous article here.
If you were left out of a will and you believe you should have received some of the assets, you may be entitled to make a claim if you were a relevant person in the deceased’s life. If you believe that, without assets from the will, you would be left in financial detriment, you can make a claim under the Inheritance (Provision for Family and Dependants) Act 1975. To check to see if you qualify to make a successful claim, please visit us here.
Any disputes involving obtaining a grant of probate and distributing the contents of a will, can be emotionally straining. Our probate solicitors here at Van Eaton will always deal with your case with compassion and sympathy. Probate disputes can take their toll, so seeking help from a qualified professional is paramount.
Problems with Executors Beneficiaries
Executors are responsible for distributing the estate of a loved one’s death. If they fail to administer the estate in accordance with the estate, they can be removed and held accountable for any losses. To remove an executor, you can make an application to the courts. There are various reasons why an executor may need to be removed, which you can read about in our previous article.
No matter your probate problem, our dedicated team at Van Eaton solicitors in Streatham have years of experience in dealing with all types of civil litigation. To book a free consultation, you can give us a call on 0208 769 6739. Alternatively, you can fill out our online form.