Contentious Probate: Wills and Probate Disputes and Claims against Estates - HilliersHRW Solicitors

Wills and Probate Disputes and Claims against Estates

Bereavement can often lead to family arguments and tensions over the assets left behind. Grief can be intensified when there are suspicions of foul play or concern regarding the Will. As a result of complex family and domestic arrangements as well as the current financial climate claims against estates are increasing. Disputes can also occur as a result of someone not having made a Will or making a Will when they were in very poor health.

Claims are often made to overturn a Will on the basis that:

It has not been completed or drafted correctly;
The deceased did not understand the Will due to illness or incapacity;
There are suspicious circumstances when the Will was made (especially when a beneficiary has been heavily involved in its preparation).
The Deceased had been pressured into making the Will.
Where the last Will made differs greatly from earlier Wills.

Probate disputes involve sensitive issues and often immediate action is required in order to prevent the disappearance of money or property or the incorrect distribution of the estate.

If any of the situations listed below apply to your circumstances then Hilliers HRW can help:

Will Disputes

Do you have a query about someone's Will and how it was made?
Does it appear particularly unusual?
Does the Will vary greatly from what the deceased had told you about it? Does the Will vary significantly from earlier Wills?
Were you excluded from a Will without explanation?
Was the Will made during a time when they were under heavy medication or were there any questions over their capability to understand the document?
Do you suspect that the deceased was influenced or pressurised by someone into their Will in a way they would not otherwise?

Executors Problems

Is someone challenging a Will of which you are a beneficiary or an executor?
Is someone threatening legal action against you for the way you dealt with an estate?
Do you have a complaint about the Executor or administrator of an estate in which you are a beneficiary?

Broken Promises

Did someone you were living with die without providing for you?
Was the person who died financially supporting you in anyway?
Do you have a child by someone who has died (whether or not they were paying child maintenance)?
Did a person make a promise to you that they would provide for you and that promise has not be fulfilled?

Worried about a claim against your estate after your death?

Are you concerned that family members may cause problems for your main beneficiaries after your death and try to commence claims against your estate?

Our Experience

Michael Culver is our Contentious Probate Specialist who is an Associate Member of The Association of Contentious Trusts and Probate Specialists (ACTAPS). He has experience in bringing and defending claims against estates.

Challenging the validity of Wills on the basis that the deceased did not understand the terms of the Will;
Claims that the deceased was pressured into making their Will in a particular way;
Claims where the Will was not signed and witnessed correctly;
Investigating suspicious circumstances in the way the Will was created or completed, including where the will is unusual in its form or drastically varies from earlier Wills without any reasonable explanation or change in circumstances;
Claims for financial provision from the estate;
Claims against Executors for the way in which they have administered an estate;
Claims against professionals involved in the drafting of Wills;
Claims in relation to the interpretation of Wills and establishing the testator's intention;
Claims where people were left out of a Will but who were promised that certain assets would be left or given to them and where they had acted to their detriment reliant on that promise;
Disputes with HM Revenue and Customs concerning the correct value of estate assets and negotiations with the District Valuer.
Disputes where the deceased made large gifts to a relative other than those named in their Will.

Costs

We are able to advise you on the merits of your case for a small fixed fee, however further funding options are available should this be necessary and please click here for further information

Funding Options

We recognise that commencing or defending litigation can be daunting and there can be concerns regarding costs.

In every case, whether you are pursuing or defending a claim, we require a small payment on account of our costs to be paid up front. This is to enable us to investigate your claim or defence further and to ensure that it is prudent and advisable for you to pursue matters.

After our initial investigations the following funding options may be available:

Private Funding: Here we will charge on an hourly rate for the amount of time spent working on matters. Our bills will be generated regularly to help keep the payments required to a minimum
Cost Limits: This is the same as the first option (private funding) but we work to a designated cost limit and then review matters once that limit is reached to determine whether you wish to proceed and if necessary to set a new upper cost limit. Again bills are issued regularly to keep payments to a minimum.
Payment from your share of the Estate: if you are a guaranteed beneficiary and the dispute centres around the amount of your inheritance then we may be willing to accept payment from the share of the estate that you will eventually receive. However this option is only available in limited circumstances.
Conditional Fee Agreements: Commonly known as "NO WIN NO FEE". If we are successful in negotiating a settlement or we win your case in Court our costs will be paid in full either from your opponent or from your entitlement under the estate. There is an element of risk for the firm in carrying out work of this type and as such if the claim is successfully a success fee will be charged on top of our hourly rate. This type of funding is only available in limited circumstances and subject to scrutiny of the likelihood of your case being successful.
Legal Fees Insurance: This may be available through your home insurance policy or as an additional policy in conjunction with a conditional fee agreement.

Contact:
Michael Culver. Stevenage Office: 01438 346000 or Bedford Office: 01234 858000.

	Making a Will Probate Contentious Probate Our Experience Costs Court of Protection Power of Attorney Tax Planning Trusts	Wills and Probate Disputes and Claims against Estates Bereavement can often lead to family arguments and tensions over the assets left behind. Grief can be intensified when there are suspicions of foul play or concern regarding the Will. As a result of complex family and domestic arrangements as well as the current financial climate claims against estates are increasing. Disputes can also occur as a result of someone not having made a Will or making a Will when they were in very poor health. Claims are often made to overturn a Will on the basis that: It has not been completed or drafted correctly; The deceased did not understand the Will due to illness or incapacity; There are suspicious circumstances when the Will was made (especially when a beneficiary has been heavily involved in its preparation). The Deceased had been pressured into making the Will. Where the last Will made differs greatly from earlier Wills. Probate disputes involve sensitive issues and often immediate action is required in order to prevent the disappearance of money or property or the incorrect distribution of the estate. If any of the situations listed below apply to your circumstances then Hilliers HRW can help: Will Disputes Do you have a query about someone's Will and how it was made? Does it appear particularly unusual? Does the Will vary greatly from what the deceased had told you about it? Does the Will vary significantly from earlier Wills? Were you excluded from a Will without explanation? Was the Will made during a time when they were under heavy medication or were there any questions over their capability to understand the document? Do you suspect that the deceased was influenced or pressurised by someone into their Will in a way they would not otherwise? Executors Problems Is someone challenging a Will of which you are a beneficiary or an executor? Is someone threatening legal action against you for the way you dealt with an estate? Do you have a complaint about the Executor or administrator of an estate in which you are a beneficiary? Broken Promises Did someone you were living with die without providing for you? Was the person who died financially supporting you in anyway? Do you have a child by someone who has died (whether or not they were paying child maintenance)? Did a person make a promise to you that they would provide for you and that promise has not be fulfilled? Worried about a claim against your estate after your death? Are you concerned that family members may cause problems for your main beneficiaries after your death and try to commence claims against your estate? Our Experience Michael Culver is our Contentious Probate Specialist who is an Associate Member of The Association of Contentious Trusts and Probate Specialists (ACTAPS). He has experience in bringing and defending claims against estates. Challenging the validity of Wills on the basis that the deceased did not understand the terms of the Will; Claims that the deceased was pressured into making their Will in a particular way; Claims where the Will was not signed and witnessed correctly; Investigating suspicious circumstances in the way the Will was created or completed, including where the will is unusual in its form or drastically varies from earlier Wills without any reasonable explanation or change in circumstances; Claims for financial provision from the estate; Claims against Executors for the way in which they have administered an estate; Claims against professionals involved in the drafting of Wills; Claims in relation to the interpretation of Wills and establishing the testator's intention; Claims where people were left out of a Will but who were promised that certain assets would be left or given to them and where they had acted to their detriment reliant on that promise; Disputes with HM Revenue and Customs concerning the correct value of estate assets and negotiations with the District Valuer. Disputes where the deceased made large gifts to a relative other than those named in their Will. Costs We are able to advise you on the merits of your case for a small fixed fee, however further funding options are available should this be necessary and please click here for further information Funding Options We recognise that commencing or defending litigation can be daunting and there can be concerns regarding costs. In every case, whether you are pursuing or defending a claim, we require a small payment on account of our costs to be paid up front. This is to enable us to investigate your claim or defence further and to ensure that it is prudent and advisable for you to pursue matters. After our initial investigations the following funding options may be available: Private Funding: Here we will charge on an hourly rate for the amount of time spent working on matters. Our bills will be generated regularly to help keep the payments required to a minimum Cost Limits: This is the same as the first option (private funding) but we work to a designated cost limit and then review matters once that limit is reached to determine whether you wish to proceed and if necessary to set a new upper cost limit. Again bills are issued regularly to keep payments to a minimum. Payment from your share of the Estate: if you are a guaranteed beneficiary and the dispute centres around the amount of your inheritance then we may be willing to accept payment from the share of the estate that you will eventually receive. However this option is only available in limited circumstances. Conditional Fee Agreements: Commonly known as "NO WIN NO FEE". If we are successful in negotiating a settlement or we win your case in Court our costs will be paid in full either from your opponent or from your entitlement under the estate. There is an element of risk for the firm in carrying out work of this type and as such if the claim is successfully a success fee will be charged on top of our hourly rate. This type of funding is only available in limited circumstances and subject to scrutiny of the likelihood of your case being successful. Legal Fees Insurance: This may be available through your home insurance policy or as an additional policy in conjunction with a conditional fee agreement. Contact: Michael Culver. Stevenage Office: 01438 346000 or Bedford Office: 01234 858000. Back to top