Contested Probate / Inheritance Dispute
Disputes do unfortunately arise and they are often between family members. We understand that this is a very emotional and distressing time and that disputes can be very demanding.
Contentious probate is any dispute relating to the administration of a deceased person’s estate. It could involve a dispute over the interpretation or validity of a will, a dispute between feuding beneficiaries or executors, or a dispute over the value of the estate assets.
We know that dealing with these problems while grieving is difficulty and can be painful. We will take the time to understand your needs and objectives, tailoring our advice to suit your circumstances to achieve the desired outcome, whether by clear and robust correspondence, sensitive round table negotiation, formal mediation or, where necessary, through the Courts.
As a beneficiary, it can be frustrating to experience a delay in receiving your inheritance. It can also be difficult to obtain information from the executors or trustees. If you are experiencing problems with an executor or trustee, or you are finding they are not acting appropriately, it may be possible to have them removed.
As an executor or trustee, you may face difficulties administering the estate especially if the beneficiaries are not cooperating, or if you are unable to agree on the next steps with your co-executor or co-trustee.
While these situations may be unpleasant to deal with, you should consider obtaining legal advice early to plan the steps you can and should take. This is important as you can be personally responsible for paying the other party’s legal fees if you do not act appropriately.
Our estate dispute lawyers can advise you on the steps to be taken to contest a will, remove a trustee or an executor, apply to court to remove one or more executors or trustees who have acted inappropriately, and advise you in relation to any court proceedings that you are facing. Whatever position you find yourself in, we are here to work with you to give you an assessment of how strong your case is, and to put in place a well-defined course of action, to minimise the stress for you.