If someone has lost the ability to make their own decisions, it may be possible to have a Will made on their behalf. This is known as a statutory Will. It is sometimes the case that an individual may no longer be able to manage their own affairs and they...
Dealing with the death of a loved one is a distressing and emotional time. If a family disagreement arises over the Will or estate, it can be difficult and expensive to resolve.
Whether you are an executor, administrator or a beneficiary involved in a dispute over the handling of an estate, our expert team of probate dispute solicitors at BakerLaw can help you resolve matters and reach agreeable terms.
Our team have wide experience in dealing with all aspects of contentious probate and inheritance disputes.
We can help you with:
- Raising or defending claims made by or against the estate
- Disputes between executors
- Disputes between beneficiaries
- Challenging or defending a Will
- Disagreements over the interpretation of a Will
- Disagreements over the value of assets involved
- Contesting or defending probate with regards to how an estate is to be divided up when there is no Will
- Dealing with an executor over unreasonable behaviour or mismanagement of the estate
We know that dealing with the loss of a loved one is upsetting enough, but when a dispute erupts over inheritance or how an estate is being managed, it can put additional strain on family relationships, making the grieving process even harder to deal with.
By using our probate dispute resolution solicitors at BakerLaw, you will have a seasoned expert to support and guide you through the difficult and emotionally charged time during a bereavement.
Whether you are a beneficiary or appointed executor, we will be able to give you simple, straightforward and impartial advice on all matters relating to disputes, threats or claims made during the estate administration process.
For expert help resolving probate disputes, please contact your local BakerLaw office in London or Farnham now or you can email us at enquiries@baker-law.co.uk
Our expertise with probate dispute resolution
Advice on your rights during probate
If you are the beneficiary of a Will and expecting to receive inheritance from an estate, you will have beneficiary rights that the executor of the estate must adhere to.
For example, you will have a right to information which the administrator has a duty to provide. You should be kept up to date with how the estate administration is going and be able to see the estate accounts when you request them. It is the administrator’s job to keep you fully informed and updated throughout the probate process.
If you think an executor is not acting correctly, is being unreasonable or is mismanaging the estate, we can advise you on your rights or help you take action against them.
Disputing probate
Disputes that arise during probate and the administration of an estate can be extremely complex. If you are an executor or administrator involved in a probate dispute, we can help you take prompt action to protect the estate.
As we specialise in both probate and the administration of estates and in the resolution of civil disputes and can help you whether you are an executor or a beneficiary:
Executor Disputes
Disputes between executors can occur when there is a disagreement over issues such as the value of assets, the suitability of an executor or how an executor has behaved – including any unreasonable behaviour or excessive costs and charges. We are experienced in all aspects of executor disputes and can advise you on matters concerning disputes between executors for a swift and satisfactory resolution.
Beneficiary Disputes
If you are a beneficiary of a Will and are involved in a disagreement with other beneficiaries, we can help you resolve matters efficiently and effectively. Our expert contentious probate lawyers have significant experience and a proven track record of success in helping beneficiaries overcome disputes to reach sensible solutions and agreeable terms.
Responding to a probate dispute as an executor or estate administrator
Whether you are an executor bringing a claim in the interest of an estate and beneficiaries, or an executor defending a claim made against you, we can help you negotiate and achieve sensible solutions that settle matters, quickly.
Our specialist team of contentious probate solicitors have wide experience in resolving all kinds of claims and threats that can be made against you or an estate you are administering, so you can move forward and complete your duties.
Alternative dispute resolution for probate disputes
When families fall out over inheritance, emotions run high because of the vested interests and future hopes of those involved. It is easy to see why matters of such a sensitive, personal and high value nature can lead to complicated disagreements that become difficult and costly to resolve.
A bitter and costly court battle is the last thing you want when you are suffering from a bereavement. That is why mediation can offer you a much better way of reaching a quick and cost-effective resolution to a probate dispute.
Our probate dispute lawyers are highly skilled in the use of mediation and alternative dispute resolution which is generally considered the best method of resolving disagreements, outside of court.
We can help you to ensure your matter is handled objectively and fairly with the aim of reaching a positive settlement for all parties involved.
Probate litigation
We can assist you in the event a beneficiary or interested party makes a claim or raises a dispute during the estate administration process.
We can help you with probate litigation matters including:
- Contesting or defending a Will – where there are challenges over the validity of a Will or how a Will is interpreted.
- Appointment of administrators – where there are disagreements over who should act as an administrator or over an existing administrator’s suitability.
- Excessive executor’s costs and fees – when it is believed that the executor has overcharged the estate.
- Formal accounting – where the executor has failed to provide adequate information.
If you are involved in probate litigation, our specialist team of probate dispute solicitors can help you deal with whatever threat, claim or disagreements you face, enabling you to reach a quick and cost-effective resolution to matters.
We have successfully pursued and defended cases for clients for many years, including those for complex high net worth estates.
At BakerLaw, we are able to offer a range of funding options for your legal costs, including ‘No Win, No Fee’ agreements.
Most of all, we aim to give you a truly bespoke and personalised service of the highest professional standard. By working closely and tirelessly with you, on a one-to-one basis, we will ensure the satisfactory resolution to your case.
Mark Ridley - Head of Dispute Resolution is a member of The Association of Contentious Trusts and Probate Specialists (ACTAPS).
For more information, please call Mark Ridley on 01252 733 770 to discuss your case in confidence.
Probate disputes explained
Can you contest probate?
Probate can be contested where there is a dispute arising from the administration of an estate, which might involve disagreements over the value of assets, the interpretation of a Will, or difficult executors.
We can help you determine whether or not you have grounds to contest probate and help you proceed with a claim, where appropriate.
Can you stop probate?
If you are a beneficiary or interested party in an estate, you may be able to stop or freeze the granting of probate in order to have an issue or dispute investigated further.
We can help you enter a caveat which is a way of preventing a grant of probate from being taken out, giving you more time to look into whether or not there are sufficient grounds to oppose the probate application or to bring an estate matter to court.
Can you have the executor of an estate removed?
Removing an executor of an estate, and putting a professional executor in place instead, can be an effective way of resolving disputes over the administration of an estate.
If the parties agree, it is a fairly straightforward process to remove an executor where probate has not yet been granted. Here, the executor will simply renounce their position, in a written Deed, in favour of the person they are choosing to replace them.
Once probate has been granted, an application to court for an order will be needed to remove the executor.
What can you do if probate is taking too long?
We understand that you will want your probate and estate matter to be completed as quickly and as efficiently as possible, so you and your family can move on from a distressing time.
Where a probate application is filled out correctly, a typical straightforward estate administration can take around 9 to 12 months but this could be more or less depending on the complexity of the case.
Ways to speed up probate and keep the process moving as quickly as possible include keeping all the necessary paperwork in good order, promptly returning the documents you need to sign, settling any outstanding debts and getting any valuations done as soon as possible.
By instructing our specialist team of contentious probate dispute solicitors, you can have complete confidence that everything is being dealt with correctly, thereby speeding up the process and reaching a quick and cost-effective outcome for the benefit all parties involved.
Contact our probate dispute resolution solicitors in London & Farnham
If you need to discuss an issue relating to a probate dispute, our expert probate dispute resolution team are here to help.
You can contact your local BakerLaw office in Farnham or you can email us at enquiries@baker-law.co.uk.
