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CAN A WILL BE CHALLENGED?

At Van Eaton Solicitors in Streatham Hill, our expert probate solicitors specialise in handling complex probate disputes. Whether you need to challenge a will or defend against a claim, we provide comprehensive legal support to protect your interests.

Our solicitors have extensive experience in handling claims under the Inheritance (Provision for Family and Dependants) Act 1975. This act allows certain individuals, such as spouses, civil partners, children, and financial dependents, to make a claim against an estate if they believe they have not been adequately provided for in the will

Why Choose Us?

Experienced and Skilled Litigators

With extensive experience in handling a wide range of probate disputes, you will receive expert advice and representation.

Personalised, Compassionate Service

We understand the emotional challenges involved in probate disputes and provide personalised, compassionate service tailored to your unique circumstances.

No-Obligation Consultation

We offer a no-obligation consultation to discuss your case and provide initial advice on the best course of action.

Alternative Dispute Resolution

Our goal is to resolve disputes without court intervention through alternative dispute resolution methods whenever possible.

Our Probate Services

Handling Claims by Beneficiaries

Our probate solicitors assist beneficiaries and potential beneficiaries in making claims against an estate, ensuring their rights are protected.

Representing Personal Representatives

Our probate solicitors defend personal representatives against claims, providing expert guidance to navigate the legal process.

Stopping a Grant of Probate

If you need to stop a grant of probate from being issued, our probate solicitors have the expertise to take swift and effective action.

How We Can Help

Grounds for Challenging a Will

Mental Capacity A will can be challenged on the grounds that the deceased lacked the mental capacity to execute it. This means that at the time of making the will, the deceased did not understand the nature of the document, the extent of their estate, or who was to benefit from it. Evidence from medical records and testimonies from those who knew the deceased can support this type of challenge.

Superseding Will If a later will exists that contradicts the current one, the newer will can override the previous one. This ground for challenge involves proving the existence of a subsequent valid will that the deceased created, which takes precedence over any earlier wills.

Undue Influence A will may be contested if it is believed that the deceased was under undue influence when making it. This means that someone exerted pressure on the deceased to such an extent that it overpowered their free will and led them to make decisions they would not have made otherwise. Demonstrating undue influence often involves showing a pattern of manipulation or coercion.

Inheritance Act Claims Under the Inheritance (Provision for Family and Dependants) Act 1975, certain individuals can make a claim against an estate if they were financially dependent on the deceased and the will or the intestacy rules do not make reasonable financial provision for them. This includes spouses, former spouses, children, and those who were financially maintained by the deceased.

Protecting Estate Value

Our probate solicitors work diligently to preserve the value of the estate during disputes. We aim to avoid unnecessary legal expenses and lengthy court battles by seeking efficient resolutions through alternative dispute resolution methods such as mediation. By doing so, we help ensure that the estate’s assets are not unduly diminished, protecting the interests of all parties involved.

Contact Our Probate Dispute Solicitors

If you are seeking advice on a probate dispute, contact our expert probate solicitors in London. We offer a no-obligation consultation to discuss your case and provide initial advice on the best course of action.

  • Call Us: 0208 769 6739
  • Email Us: info@vaneatonsolicitors.co.uk
  • Visit Us: Streatham Hill, London
  • Complete Our Online Form: Contact Form 

We will respond promptly to your enquiry and ensure you receive the comprehensive legal support you need. Let us help you navigate the complexities of probate disputes with confidence and expertise.

Frequently Asked Questions About Probate and Probate Solicitors

What is Probate?

Probate is the legal process of administering the estate of a deceased person. This involves validating the deceased’s will (if one exists), distributing their assets according to the will or the laws of intestacy, and paying any debts and taxes owed by the estate.

Who is a Probate Solicitor?

A probate solicitor is a legal professional who specialises in handling the probate process. They assist with the administration of estates, ensure that the deceased’s wishes are carried out, and help resolve any disputes that may arise.

Do I Need a Probate Solicitor?

While it is possible to handle probate on your own, a probate solicitor can provide invaluable assistance, especially in complex cases. They can help navigate the legal intricacies, manage paperwork, and represent you in court if necessary, ensuring the process is handled efficiently and correctly.

How Long Does the Probate Process Take?

The duration of the probate process can vary significantly depending on the complexity of the estate and whether any disputes arise. On average, straightforward cases can take between 6 to 12 months, while more complex cases can take longer.

What Are the Costs Involved in Probate?

The costs of probate can vary based on the complexity of the estate and the services required. Probate solicitors typically charge either a fixed fee, a percentage of the estate’s value, or an hourly rate. During our initial no-obligation consultation, we will provide a clear estimate of the costs involved.

Can a Will Be Challenged?

Yes, a will can be challenged on several grounds, including lack of mental capacity, undue influence, fraud, or the existence of a superseding will. A probate solicitor can help you determine the validity of a challenge and guide you through the process.

What Happens If There Is No Will?

If there is no will, the estate is distributed according to the laws of intestacy. This means the estate will be divided among the deceased’s closest relatives in a specific order of priority. A probate solicitor can assist in managing the intestacy process to ensure the estate is distributed correctly.

What Is the Role of an Executor?

An executor is a person named in the will who is responsible for administering the estate. Their duties include gathering the deceased’s assets, paying any debts and taxes, and distributing the remaining assets according to the will. If there is no will, an administrator will be appointed to perform these duties.

How Can I Avoid Probate Disputes?

To minimise the risk of probate disputes, ensure that your will is clearly written, regularly updated, and legally valid. Communicating your wishes to your family and consulting with a probate solicitor when drafting your will can also help prevent misunderstandings and conflicts.

Can Probate Be Handled Online?

Certain aspects of probate can be managed online, such as applying for probate and submitting forms. However, complex estates or disputes often require the expertise of a probate solicitor to navigate effectively.

What Should I Do If I Am an Executor Facing a Dispute?

If you are an executor facing a dispute, it is crucial to seek legal advice from a probate solicitor. They can help you understand your responsibilities, navigate the dispute resolution process, and ensure the estate is administered according to the law.

How Do I Make a Claim Under the Inheritance (Provision for Family and Dependants) Act 1975?

To make a claim under the Inheritance Act, you must demonstrate that you were financially dependent on the deceased and that the will or intestacy rules do not provide reasonable financial provision for you. A probate solicitor can help assess your eligibility and guide you through the claim process.

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