Will, Probate and Estates Disputes Solicitors
We have years experience of dealing sensitively with disputes or queries arising out of Wills or estates
Our team is dedicated to handling disputes with the utmost care and respect for the unique needs of each client.
Will, probate & estates disputes
Will, probate & estates disputes FAQs
Is there a Will?
A Will is always the starting point. If one has been made it should clearly set out the wishes of the deceased. If you know that there is a Will and believe that you stand to benefit from it, then you should ask the executors for a copy.
If you know that there is a Will, but it cannot be found, enquiries should be made of the deceased’s Solicitors, bank or relatives. It may also be necessary to search the deceased’s property or to place an advertisement for the missing Will.
If you are unsure whether the deceased made a Will, then you can make a Standing Search at the local Probate Registry. This should tell you if probate has been obtained on the deceased’s Will and give you details of the executors or, if there is no Will, who has been appointed as the personal representative to administer the deceased’s estate.
How do I challenge a Will that is invalid?
A valid Will must reflect the intentions of the deceased. If there is evidence to suggest that the deceased did not understand what they were signing because of a physical or mental illness, or there is evidence to suggest they may have been put under pressure to sign, then the Will may be invalid. If you think that this may be the case, then you should speak to a specialist solicitor straight away. It is important to act before the administration of the estate begins; once assets have been distributed it is much more difficult to put things right.
Should I contact the solicitor who drafted the Will?
If the deceased’s Will was prepared by a solicitor and you have concerns about the validity of the Will, then you may be entitled to obtain information from the deceased’s Solicitors concerning the circumstances in which the Will was made and the expression of the deceased’s wishes. You can also ask for copies of documents from the solicitor’s file. It is best to get some legal advice on this before seeking this information because it is important you ask for the right information in the correct manner.
What happens if the terms of the Will are unclear?
Sometimes in more complex estates, issues can arise as to what the deceased intended by a term of the Will. If you believe that a term of the Will does not reflect the deceased’s intentions, or is ambiguous, you may be able to ask the Court to rectify unclear terms in the Will to more accurately reflect the deceased’s intentions. Speak to one of our specialist Solicitors as soon as possible. It is important to resolve the situation before the distribution of the estate’s assets begins.
Does the Will provide proper financial provision for everyone who was dependent on the deceased?
Sometimes the Will does not provide reasonable financial provision for the deceased’s close family members. If you are a spouse, partner, child or someone maintained by the deceased, and the Will does not provide adequately for you, then you may have a claim for financial provision under the Inheritance (Provision for Family and Dependants) Act 1975. Please note that there is a very strict time limit for bringing claims under the Act, which is six months from the date of the Grant of Probate. If you do not issue a claim within that period then you may lose your right to do so, so act quickly.
If I make a claim for financial provision can I obtain urgent financial help from the Estate?
If you bring a claim under the Inheritance (Provision for Family and Dependants) Act 1975, then you may be able to apply to the court for interim payments to ease your financial situation while you wait for the court to consider your case.
What can I do if an Executor is not doing their job properly?
The executor is under a duty to administer the estate as soon as possible. If they delay without good reason then you can take steps to force them to act or, if necessary, have them replaced. Get legal advice on the best way of achieving this.
Is it important to retain communication with those persons involved in the Estate?
The process of administering the estate can lead to disagreements between executors, personal representatives and beneficiaries. Disputes can be about all sorts of things concerning how the deceased’s assets are managed. It is always best to try and sort these out by agreement, but if this is not possible then it may be necessary to ask a court to intervene and give directions to the executors or personal representatives as to how the estate should be progressed.
Can other types of claim arise against an estate?
You may not stand to benefit from a Will, but you may be the executor or the personal representative who needs advice on administering the estate. We are here to help in those situations too. Disputed debts, claims on the estate, and the removal of occupiers from the deceased’s property are just some of the problems you could come up against. It’s a good idea to get expert legal advice before tackling these issues yourself because a steer in the right direction usually saves time, money and difficulties later on.
Is time of the essence if I think I have a claim against an Estate?
At Eric Robinson Solicitors we offer our clients a no obligation, one-hour initial fixed fee meeting for £125 plus VAT (£150). During that hour, we will advise you on the merits and risks of any claim, the options open to you for progressing the matter, and what you should do next.
Should I take legal advice before entering into a tenancy?
We would say that, wouldn’t we? But the reality is that landlord and tenant law has all sorts of intricacies which can catch people out. It is partly about process, but it is also something which if used properly can create a robust platform for the landlord’s business. That’s where specialist legal knowledge helps grow and protect landlords’ commercial interests.
Can’t see what you’re looking for?
Send us your questions via the contact form and we will be happy to assist.
See what our customers say…
Very impressed
A very responsive and timely service provided by Terry Campbell-Barnard at Eric Robinson in the preparation of new wills for my wife and I. We would thoroughly recommend to anyone else looking for a similar service.
I can’t thank Syliva enough at Eric…
I can’t thank Syliva enough at Eric Robinson for the work she put in for the property I was buying. She was quick and responsive in all areas with the process. I can’t recommend her enough.
So professional
Sarah at Eric Robinson was absolutely brilliant. I’m just going to leave it at that. Cheers Tony G
Thank you Sajith
We recently completed the purchase of our first home and Sajith Pillai at Eric Robinson Solicitors provided excellent services. He is very professional and highly experienced in conveyancing. Answered all our queries patiently and produced a great work. We undoubtably recommend Sajith Pillai for conveyancing works.
Trustees/Land Registry
Terry Campbell-Barnard oversaw our change of trustees and lodged this with the Land Registry without problem
Very impressed
A very responsive and timely service provided by Terry Campbell-Barnard at Eric Robinson in the preparation of new wills for my wife and I. We would thoroughly recommend to anyone else looking for a similar service.
I can’t thank Syliva enough at Eric…
I can’t thank Syliva enough at Eric Robinson for the work she put in for the property I was buying. She was quick and responsive in all areas with the process. I can’t recommend her enough.
So professional
Sarah at Eric Robinson was absolutely brilliant. I’m just going to leave it at that. Cheers Tony G
Thank you Sajith
We recently completed the purchase of our first home and Sajith Pillai at Eric Robinson Solicitors provided excellent services. He is very professional and highly experienced in conveyancing. Answered all our queries patiently and produced a great work. We undoubtably recommend Sajith Pillai for conveyancing works.
Trustees/Land Registry
Terry Campbell-Barnard oversaw our change of trustees and lodged this with the Land Registry without problem
Key contacts
Latest dispute resolution insights
How To Contest A Will – The Full Process
What Are The Rules of Intestacy – Everything You Need To Know
Statutory Legacy Increase 2023 – What has changed?
Book an Advice Hour
For £150 + VAT (£180), our experienced dispute resolution solicitors will determine whether you have a valid claim.
Why choose Eric Robinson Solicitors?
- Straightforward jargon free advice that is tailored to your specific needs
- Cost effective legal services that give you peace of mind
- Providing expert and trustworthy legal advice for over 60 years
- 6 offices located throughout Hampshire and London
Get in touch
Related services
Will Writing
Will writing solicitors ensure that the correct people benefit from your estate.
Powers of Attorney
A Lasting Power of Attorney allows your children, other family members, or friends to make decisions on your behalf.
Court of Protection and Deputyship
The Court of Protection handles matters for adults who lack the mental capacity to make specific decisions.
Trusts
Protecting your interests, keeping you and your loved ones safe.
Attorney, Deputy & Court of Protection Disputes
Our expert team can help with Attorney, Deputy & Court of Protection disputes.