Wills And Inheritance Disputes

The Wills and inheritance dispute team at Blackstone Solicitors find solutions during what can be a highly stressful, distressing, and emotional time. Our lawyers are also proud of being easy to talk to and do everything they can to make sure that what they do is in your best interest.

As experts in contentious probate, we offer realistic guidance and have the added benefit of being a multi departmental firm. This allows our lawyers to have a deep well of legal expertise at their fingertips. Every situation of contested probate is unique. When you have a contested probate situation, it might be hard to know where to begin but with our considered approach, we will guide you, step-by-step, in the most appropriate way for your case.

When someone dies, there are many ways that estate disputes can and do happen. This is called contentious probate.

People close to the person who died, their friends, and groups like charities may not agree with how their assets and debts are distributed by a Will or an intestacy.

Most of the time, these types of challenges are about whether or not a Will is legal. But they can also happen when a spouse or civil partner, a cohabitee, other family members, or people who were cared for by the deceased before they died think they were wrongly left out of the Will or weren’t given enough money by it. We have considerable experience in this area of law and can advise you throughout the process in a thoughtful and conscientious manner.

Contact us today and we can talk you through our services and how we can help you and your family. Simply call us on 0330 808 0801 or complete our online enquiry form and a member of the team will give you a call back as soon as possible.

At Blackstone, we always aim to provide the best service possible. Meticulous in our approach, we will make sure everything is dealt with as you wish and will keep you updated throughout the legal process, ensuring that you always know of any developments.

“We used Blackstone to sell our business. The transaction went through speedily and there was never a delay at their end. We dealt mainly with Karen Tsang and she was brilliant. Very organised and on the ball. She kept us regularly informed of progress. Thank you Karen”

– Jane Savery

What is Contentious Probate?

Contentious probate refers to disputes that arise after someone has passed away, specifically regarding the distribution of their estate. These disagreements typically centre on the validity or interpretation of a will, the conduct of executors, or concerns raised by beneficiaries. Such disputes can be emotionally charged and legally complex, making expert guidance crucial.

At Blackstone Solicitors, we specialise in resolving contentious probate matters with sensitivity and professionalism. Our aim is to protect our clients’ interests while navigating the intricacies of inheritance law.

Common Causes of Disputes

Several scenarios may lead to contentious probate, including:

Validity of the Will: Challenges may be brought if there are doubts over how the will was prepared. For example, claims of undue influence, lack of mental capacity, or improper execution can all lead to legal scrutiny.
Claims under the Inheritance Act 1975: Individuals such as spouses, children, or dependents may seek provision from the estate if they believe they’ve been unfairly excluded or inadequately provided for.
Executor Conflicts: Executors are responsible for administering the estate. Disputes often arise when beneficiaries believe executors are failing in their duties, acting dishonestly, or mismanaging assets.
Multiple or Lost Wills: In some cases, differing versions of a will may exist, or a will may be lost entirely, resulting in uncertainty and disagreement.

Who Can Contest a Will?

Not everyone has the legal right to challenge a will. Those eligible usually include:

Immediate family members or dependents
Individuals named in earlier versions of the will
People who were financially maintained by the deceased

It’s important to act swiftly. In some cases, strict time limits apply, particularly for claims under the Inheritance Act.

The Legal Process

Contentious probate cases may proceed through several stages:

Initial Advice: A solicitor will assess the merits of the claim and gather relevant documents, such as the will and medical records.
Pre-Action Correspondence: Attempts are often made to resolve the dispute through negotiation before formal court proceedings.
Court Proceedings: If necessary, the case may be brought before the Probate Registry or Chancery Division of the High Court.
Settlement or Judgment: Many disputes are settled out of court, though some proceed to a judicial decision.

At every step, legal representation can help ensure that complex arguments are properly articulated and that your rights are robustly defended.

Resolving Disputes Amicably

While litigation is sometimes unavoidable, it’s not always the best route. Mediation and alternative dispute resolution methods are increasingly used to reach practical and less adversarial outcomes.

At Blackstone Solicitors, we understand the emotional toll these disputes can take. Our team provides both legal expertise and empathetic support, helping clients find resolution during difficult times.

Our Approach

We place huge emphasis on getting things done properly and efficiently. This is especially true when providing legal advice concerning wills and inheritance disputes and we have vast experience of this area of law. We take all of the necessary provisions to protect you, your family and your estate ensuring they are properly set out, fulfilling every aim and objective whatever your requirements may be.

Our Services

We can provide help with a wide range of matters relating to wills and inheritance disputes, including:

Get in Touch

Contact us today to discuss any matter relating to Wills and inheritance disputes. We can talk about your situation in-depth and get to the bottom of what you need and how we can help. We are here to answer any questions which you have, and we aim to make everything as simple for you as possible.

Our team is approachable and professional, and we will do everything in our power to help you get the outcome you need. Call us on 0330 808 0801 or, if you would prefer us to contact you, leave your details via our online enquiry form.

We offer our services to clients in Manchester, Chester, Cheshire and throughout the rest of the UK. We also have an office in London.