Will, Probate and Estates Disputes Solicitors

It is always distressing when a loved one dies. Such distress can be exacerbated where there are legal issues about their Will or their estate.

For example, there may be uncertainty about the validity of the Will or maybe a claim is being made against the estate by a third party. You may not have received from the deceased’s estate something they had promised you, or that you were due to receive under the terms of the Will.

Sometimes concerns arise about the way in which a family member’s Will was prepared or signed, and you want to investigate the circumstances to try and understand why you may have been excluded or left a smaller inheritance than you had anticipated or were promised. Alternatively, somebody else may be challenging the validity of the Will or making a claim for a share of the deceased’s estate.

How do you dispute a Will?

At Eric Robinson Solicitors we have many years’ experience of dealing professionally and sensitively with potential disputes or queries arising out of Wills or estates. This experience includes helping clients answer questions such as:

Is the Will valid?

There may be doubt over whether the Will has been properly executed, or whether the deceased really understood what they were signing because of a physical or mental illness. Alternatively, when the Will was signed the deceased may have been vulnerable or put under undue pressure to sign. In those circumstances there may be a potential challenge to the Will’s validity.

Has the Will made adequate provision?

Where it’s claimed that the Will has made inadequate provision for a person, or people particularly connected to the deceased (for example a spouse, partner, child, or somebody who was dependent on them), then that person may be able to bring a claim against the estate for provision under the Inheritance (Provision for Family and Dependants) Act 1975.

What does the Will mean?

Where the Will has been ineffectively or poorly drafted, a dispute may arise as to the deceased’s true intentions regarding the distribution of their estate.

Are the executors or administrators dealing with the administration of the estate in a proper and timely manner?

If you have concerns about how the Executors are administering the estate, we can advise you on the duties of Executors and about the remedies that you can seek from the court if an executor is falling short. 

The range and extent of the issues can be vast, and they are often complicated. If you have any concerns or think you have a claim, you should take advice as soon as possible. That’s  because some claims, such as those brought by people making a claim for financial provision from an estate, have very strict time limits and must be issued within six months of the date of the Grant of Probate. 

At Eric Robinson Solicitors our expert lawyers can provide a no-obligation, fixed-fee one-hour interview for £150 plus VAT (£180) to help you establish whether or not you have a claim.  If you decide to instruct us beyond this initial meeting then we will discuss with you the various funding options that may be available and we will help you find the one to suit you. 

Most disputes about Wills and estates are settled before they get to court. That is what we aim for at Eric Robinson Solicitors, because we recognise that taking a claim to court can be expensive and stressful for families. So we will explore the ways of settling the dispute including mediation and negotiation. And we’ll make sure that our strategy and advice is tailor-made for you.

Find out valuable insights by reading our Top 10 Tips for Disputed Wills and estates.

To speak to us and find out more, get in touch with one of our local branches at the following locations: Southampton, Hedge End, Chandlers Ford, Winchester, Lymington, or Richmond Upon Thames.