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We have extensive experience of acting for clients in relation to Contentious Probate claims, which involve disputes about a will, trust or estate. Contentious Probate cases are often complex and so far as possible, we aim to take a pragmatic and non-confrontational approach, and encourage parties to use mediation to try to resolve disputes in cases in which emotions are often at the forefront.
We can provide advice and help in respect of the following areas:
Challenging the validity of a Will or Codicil
It is possible to challenge the validity of a Will or Codicil for any one, or more, of the following reasons:
Claims against Personal Representatives
Personal Representatives (either executors appointed under the Will, or administrators where someone has died without making a Will) are under a duty to ensure proper administration of the estate. Beneficiaries of an estate may have concerns that the personal representatives are failing to act in accordance with that duty. We can provide advice upon the removal / replacement of personal representatives in cases of misadministration of an estate, or where trustees have become incapable of undertaking their duties because of infirmity or dementia.
Disappointed Beneficiary Claims
Disappointed beneficiaries may be able to make a claim against the estate under the Inheritance (Provision for Family and Dependants) Act 1975, if it can be shown that the applicant was a dependant of the deceased, and that the deceased’s Will, or the Intestacy Rules, fail to make reasonable financial provision for the applicant.
In addition, a claim may also be made against the estate where the deceased is believed to have held assets for the benefit of the claimant; a claimant may have a constructive trust or proprietary estoppel claim.
Court of Protection
The Court of Protection makes decisions on financial or welfare matters for people who lack capacity to manage their own affairs. It is responsible for, amongst other things, decisions about a lasting power of attorney or an enduring power of attorney, and considers any objections to their registration. We can provide advice in respect of disputes involving power of attorneys, or claims that attorneys have misused their powers.
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