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Contentious Probate Lawyers
The loss of a loved one can be a traumatic and challenging time, and it can become even more complicated when disputes arise over the validity of a will or the distribution of an estate. At PSR Solicitors, we understand this difficult situation, and that's why we have a team of expert contentious probate solicitors who are dedicated to providing professional, personal, and approachable services to navigate these complex and sensitive matters.
Our contentious probate solicitors have years of experience in dealing with such cases and can assist you in resolving any disputes that may arise. We start by providing a detailed assessment of the situation, identifying the key issues, and developing a strategy to achieve the best possible outcome.
We understand that each case is unique, and we work with our clients to provide tailored solutions that meet their specific needs. We aim to resolve disputes with minimal stress and disruption, ensuring that our clients are supported through every step of the contentious probate process.
At PSR Solicitors, we are committed to providing a compassionate and empathetic service to our clients during this difficult time. We take pride in our work and strive to achieve the best possible outcome for our clients while maintaining the highest standards of professionalism and integrity.
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Contentious probate is a legal term used to describe any form of dispute or disagreement related to the administration of a deceased person's estate. These disputes can arise under various circumstances, including disagreements over the validity of a will, concerns about how the estate is being managed, or disputes between beneficiaries regarding the distribution of assets.
Disputes over the validity of a will can arise if there are concerns about mental capacity when creating the will. Disputes over how the estate is being managed can arise if beneficiaries feel that the executor is not fulfilling their duties or is mismanaging the estate's assets. Disputes between beneficiaries regarding the distribution of assets can arise if beneficiaries feel that the distribution is unfair or unequal.
Given the high emotional and financial stakes involved, it is essential to seek expert legal guidance to resolve these matters as smoothly and efficiently as possible. Our experienced contentious probate solicitors can provide advice and guidance to help resolve these disputes, whether through mediation, negotiation, or, if necessary, litigation.
Disputes are not uncommon during the probate process. These disputes may arise for various reasons such as disagreements among beneficiaries, challenges to the validity of the will, issues with the distribution of assets, or disputes regarding the appointment of an executor. These disputes can create unique challenges and can cause a delay in the probate process if not resolved in a timely manner. To avoid such disputes, it is important to have a clear and well-drafted will, and to appoint a trustworthy executor.
When a will is made, it is a legal requirement that the person making it must have the mental capacity to do so. This means they must understand what the will is about, the assets being divided, and the claims of beneficiaries. If the person lacks this capacity, it can become a common ground for a contentious probate dispute claim. The lack of testamentary capacity can be caused by mental illness, dementia, or any other cognitive impairments. Proving this lack requires medical evidence and testimony about the person's mental state, which makes it a complex ground for contention.
Conflicts of interest are a common issue in disputed probate cases, especially when fraud or forgery is involved. According to the Wills Act 1837, a will must be signed in the presence of two independent witnesses who do not have any interest in the will. When beneficiaries or anyone with a direct interest in the estate act as witnesses, it can raise concerns about the will's validity. Proving allegations of fraud or forgery linked to conflicts of interest requires a meticulous approach, including gathering evidence such as witness statements, documents detailing the will's creation and revision history, and expert testimony.
At PSR Solicitors, we specialise in contentious probate cases and are committed to ensuring that the true wishes of the deceased are honoured, and justice is served for all parties involved.
PSR Solicitors provides clear and professional guidance throughout the entire contentious probate process, which can be quite complex and intimidating. This process involves the following steps:
Our ultimate goal is to secure a resolution that aligns with your best interests and those of the estate. Our Contentious Probate Solicitors are dedicated to supporting you through the process with clear communication, empathy, and expertise.
Contested probate claims demand not just legal expertise but also a profound comprehension of the emotional and financial consequences for the parties involved.
At PSR Solicitors, we comprehend this need and, therefore, the managing director and founder of the firm, Paul Rossiter, deals with all contentious probate matters personally. This ensures that you receive the best possible legal guidance and representation.
Our team of Contentious Probate Solicitors has a wealth of knowledge and experience that we bring to each case. We have successfully navigated numerous probate disputes and disputes related to wills. We are very proud of the long-standing relationships we have built with clients across the North West of England and Wales, achieving amazing results for them.
We will always inform you of our legal costs and can often offer to work on a No Win No Fee basis. Contact PSR Solicitors today and let us help you navigate this challenging time with the support, guidance, and representation you deserve.
PSR Solicitors are recognised experts in the Administration of Estates, Wills and Probate in North Wales & Cheshire.
Nia Edwards LLB (Hons)
Solicitor - Head of Private Client & Probate
VIEW PROFILE
Olivia Jones
Olivia Jones LLM (Hons)
Solicitor
The duration of such a dispute can vary significantly depending on a number of factors, including the complexity of the case, the number of beneficiaries involved, and whether the dispute can be resolved through negotiation or requires a court decision.
In some cases, a dispute may be settled relatively quickly, perhaps within a matter of months. However, in more complex cases, it may take 6-12 months. This can be particularly challenging for beneficiaries who are waiting to receive their inheritance, as it can cause significant emotional and financial stress.
At PSR Solicitors, we understand the importance of resolving probate disputes as efficiently as possible. We work closely with our clients to understand their concerns and priorities, and we strive to find a solution that meets their needs. Whether it involves negotiating with other parties or representing our clients in court, we always aim to minimise the impact of the dispute on our clients' lives.
Testamentary capacity is a crucial factor that determines if an individual is legally and mentally capable of creating a valid will. To have testamentary capacity, a person should typically possess an understanding of the nature and extent of their property, the implications of making a will, and an ability to recognize the rights of others that they may have on their estate.
In 2022, a probate case known as Boast v Ballardi & Ors was presented before the High Court. The case involved probate proceedings seeking orders to declare the will dated 11 June 2013 as invalid. The challenge to the will's validity was upheld by the court due to the testator's insufficient mental capacity when the will was made.
The solicitors who drafted the will were heavily criticised by the court. Despite having concerns about the testator's capacity, they failed to conduct a thorough investigation before proceeding. The judge pointed out that the will drafters did not take necessary steps to ensure that the deceased understood the full extent of their property. The solicitors did not investigate whether the testator's delusions could affect the testamentary decisions made. They did not do so by asking further questions or instructing a qualified medical practitioner to assess the testator's mental state.
Executor fraud can take on various forms during the probate process. These fraudulent or improper actions can include paying beneficiaries before settling the deceased's debts, failing to produce proper estate accounts, causing financial loss to the beneficiaries of the estate, refusing to use the services of an independent solicitor to oversee the probate process, selling the deceased's assets at a reduced value, unjustifiably delaying the probate process, and claiming unjustified expenses from the estate.
In 2011, a probate case known as Khan v Crossland gained widespread attention. The case involved the passing of Dennis Griffiths in 2008, who left behind £430,000. The testators he appointed as his executors were two partners in a company that specialised in writing wills. However, the beneficiaries requested the removal of these executors since they were also employees of the will writing company.
The executors tried to have the beneficiaries application struck out on the grounds that they hadn't done anything to disqualify themselves from the role. Additionally, they claimed that the application was an abuse of power since it was funded by a rival firm and, therefore, had an ulterior motive.
The judge ruled that executors could be removed even if they hadn't disqualified themselves. Furthermore, the testator's choice of executors carried less weight since there was no established connection between them and the testator. The fact that all beneficiaries were over 18 years old, had full capacity, and agreed to the removal carried more weight than the testator's choice.
If you need assistance with probate disputes, our team of Contentious Probate Solicitors is here to offer you a compassionate and professional service to help you navigate these challenging times.
At PSR, we are committed to making a positive impact on the lives of our clients. We ensure that your case is handled with the highest level of care and professionalism. Contact any of our offices today to learn how we can support you with your probate claim.
We have offices located in Chester, Colwyn Bay, Ellesmere Port, Rhyl, Shotton, Wallasey and Wrexham. We are a full-service law firm in North Wales with a team of solicitors in Cheshire who regularly act for clients across both England and Wales. With our expertise in probate law and local offices, we are ideally placed to help you with contentious probate matters.
We aim to respond to all queries within one hour during normal office hours, and within the next working day outside of these hours.
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