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We can help with estate planning to protect your wealth for the future and with probate/estate administration.
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Will Dispute & Contentious Probate Solicitors
Our Will Dispute Solicitors specialise in providing legal advice to those who wish to contest a will, or believe a will is invalid and to executors or beneficiaries of the will who are being challenged.
Disagreements over the administration of an estate can be very upsetting at what is already a very difficult time.
Our Will Dispute Solicitors have many years’ experience dealing with the complex legal issues which can arise from contested probate and will disputes.
If you are considering contesting a will or are currently involved in any type of will dispute or contentious probate claim, then getting specialist advice from expert Will Dispute Solicitors will enable you to progress your case with the best representation in your corner.
We will guide you through what is often a testing and emotional process.
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When a will is contested, probate is halted to allow time to prove that either the will is invalid or that it fails to make 'reasonable financial provision' for someone who depended on the deceased financially but has not been adequately provided for in the will.
Valid reasons to contest the will include:
If you believe that the wishes of a loved one have not been properly expressed, or if you feel like you have been wrongly overlooked, we can provide the guidance and legal expertise to help you reach the desired outcome.
We pride ourselves on exceeding your expectations, and on providing the highest level of service to our clients.
Your questions answered
A will can only be contested by ‘interested persons’ and there must be valid legal grounds to do so.
For example, you cannot contest your cousin’s will because you believe their estate should be divided differently.
The person contesting the will must be:
You may be able to contest a will on someone’s behalf if they are not able to contest the will themselves. This could be the case if the person challenging the will is a child who believes that a will treats them unfairly but can also be possible in the case of an adult who is incapable of making a legal challenge.
It is vital to instruct specialist will dispute lawyers to receive relevant legal advice for your circumstances. Contact our Will Dispute Solicitors today for guidance on how to contest a will.
A will might be contested as being invalid if:
This could be due to mental incapacity, or because you believe that the deceased did not read and understand the contents of the will properly (for example, if the will contains complex provisions).
To contest a will on the basis of mental incapacity, it is necessary to show that the person was incapable of making legal decisions about their financial situation. This could be the case if someone is suffering from a mental illness, such as dementia. Cases involving individuals lacking mental capacity may fall under the jurisdiction of the Court of Protection.
It is also possible to contest a will if you believe that the person was not able to fully understand the content of the will. Examples of this could be if the person did not speak English as their first language, or had a low literacy level, and would not have been able to understand more complicated legal language. This could also apply to someone with a visual impairment.
Sometimes suspicion can arise in relation to the role of a particular person in the creation of a will. Older or vulnerable people can be at risk from someone who takes on a dominant position over them at the time of making their will. Undue influence or pressure means that person uses their position to change the decisions made when making the will, so that, for example:
UK law allows people to leave their assets to whoever they want, as long as there are reasonable provisions for spouses, children and co-habitants where a financial obligation is involved.
A will could treat you unfairly if:
If you are concerned about the way someone is acting in relation to an estate, we can also guide you through the process of challenging their actions. Our family law team includes solicitors specialising in contesting wills, so we can support you through all inheritance disputes and disputes involving trust and estate.
You can find details of who is dealing with an estate through the Probate Registry, as well as an estimate of the value of the estate.
You can also stop someone being granted the right to deal with an estate if you are worried about a will; this can allow you to find out more about the situation before any action is taken with the estate.
You can find out whether someone has left a will by using the Probate Registry Online Search, providing you know the person's name and when they died. The Probate Registry can also provide information if a will has not been registered, but someone is dealing with the deceased's estate.
It is possible to take action if you feel that someone is trying to stop you from getting information about a will; our specialist solicitors can support you to force that person to disclose the relevant details.
As with almost all legal matters, the best advice is to deal with any issues as quickly as possible.
In the case of contesting a will, you would ideally start the process before the grant of probate.
There are different time limits which do restrict your ability to contest a will, but the nature of a claim against an estate means that you should ensure that the property in question is secured, and that assets are not disposed of before you have a chance to make your claim.
Some types of claim have a time limit of 6 months from the date of probate being granted, so, if you have any concerns about a recent will, we advise that you contact us as soon as possible to start the process of securing your position.
The time limits for the most common types of claim are as follows:
We always try to resolve disputes as quickly as possible. Contesting a will can take as little as a few weeks if the other beneficiaries agree with your claim; on the other hand, should the challenge not be accepted, it is possible that a lengthy process of mediation is required, or even court proceedings.
Typical steps when contesting a will include:
Our expert Will Dispute Solicitors will work to settle your dispute without a potentially time-consuming court process, which can last for up to two years, and have extensive experience in successfully mediating claims relating to contested wills.
Paul Rossiter, Managing Director and founder of PSR Solicitors, personally handles all Will and Trust Disputes and Contentious Probate matters so you can be sure of the very best legal advice and representation.
We have great confidence in our ability to get you the right results.
If a court hearing does become necessary, however, we will ensure that you fully understand how the process will work, and how long each step might take. We have the expertise to successfully settle your dispute in court, should that be required, and are the right people to have by your side to make sure that the process is as smooth as possible.
Resolving contentious trust and probate or contested will cases through mediation is significantly less costly than a court hearing. Throughout the process, we will provide you with a detailed understanding of how long we think each step will take, and how much it is likely to cost. If the dispute can be settled through mediation, the allocation of the associated costs forms part of the agreement reached at the end of the process.
Should the matter require a court hearing, however, the court will decide who is responsible for the costs of the case.
Contesting a will can be very time consuming and complicated which means costs can be significant.
There are various ways in which the legal fees for contesting a will can be covered including:
Our Will Dispute and Probate Dispute Solicitor will discuss all the options with you at the outset.
Challenges to a Will can add further stress and upset to an already difficult situation, and cause delays to the process of administering the estate. You might also be facing a reduction in what you’re entitled to with potentially serious financial consequences.
Whether the challenge is being made to the validity of the will itself, to the degree of influence you may have had over the deceased, or is being brought by a family member who feels like they have been treated unfairly, our expert team of Will Dispute Solicitors specialising in contesting Wills can help you.
Whatever your role in a will that is being contested, our expertise across this area ensures that we are equally well-placed to advise you on defending your rights under a will.
If you were financially dependent on the deceased, and you have not been left sufficient provision within the Will to meet your needs, you may be able to make an inheritance act claim.
The 1975 Act is not a mechanism for disappointed beneficiaries to dispute the Will. It is there to allow certain categories of applicants to bring a claim against an Estate where ‘reasonable financial provision’ has not been made.
As leading Will Dispute Solicitors in Cheshire and North Wales, we have offices in Colwyn Bay, Ellesmere Port, Rhyl, Shotton, Wrexham, Wallasey, and Chester, we are always available for a call to help anyone with advice in relation to contentious estate administration.
Our friendly but tenacious team will immediately put you at your ease and will explain everything in a clear straight-forward way, keeping you informed at all stages, to help minimise your stress and concern.
As a leading full-service law firm in North Wales with a team of Solicitors in Cheshire, We regularly act for clients on contentious probate cases across North Wales, Cheshire, Merseyside, and Liverpool. We can support your needs wherever you live in Wales and England
We will respond to any query within one hour of normal office hours, or the next working day if you contact us during the evening or at the weekend.
PSR Solicitors are recognised experts in the Administration of Estates, Wills and Probate in North Wales & Cheshire.
Nia Edwards LLB (Hons) Law Degree
Solicitor - Head of Private Client & Probate
I joined PSR Solicitors in March 2020, to head up the Estate Planning & Private Client department.
Having graduated from the University of York in 2012 with a degree in Applied Social Sciences: Crime and Criminal Justice. I went on to complete the Graduate Diploma in Law and the Legal Practice Course at the University of Law in Christleton, Chester.
I then qualified as a solicitor, after completing my two-year training contract, at a firm in Chester and then worked at a firm in Liverpool before moving to PSR Solicitors.
I am now the Head of Private Client at PSR Solicitors, based in our Shotton office. I undertake various types of legal services such as Wills and Probate, Estate Administration, Lasting Powers of Attorney, Landlord & Tenant as well as Divorce and family matters.
Outside of work, I enjoy going for walks with my dog, spending time with my family, and attending sporting events.
Nia Edwards is listed as a Leading Lawyer by Wiselaw
Shotton Office, Wrexham Office, Rhyl Office, Colwyn Bay Office, Ellesmere Port Office, Wallasey Office
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