Contentious Probate

Our specialist team have over thirty-five years of experience in drafting wills and managing estates.

We are experienced in the particular needs of elderly clients, and in providing sensitive advice to families.

This is a list of services provided but not exclusive to what we do:

  • Probate and Estate Administration
  • Disputing a Will
  • Contesting the provisions of a will
  • Advice on illegal, coerced, duress or fraudulent wills
  • Advice on executors’ duties and responsibilities
  • Disputes with executors including removal thereof
  • Injunctions to stop money being paid out incorrectly
  • Powers of Attorneys for Executors
  • Registering a caveat to stop grant of probate
  • Protection under the Family Provisions Act
  • Estate Settlement Agreements
  • Deeds of Variation
  • Cross Option Agreements
  • Foreign Executors and Administration
  • Resealing Grants of probate in the UK
  • Dealing with all aspects of administration and property abroad
  • Intestacy
  • Arranging specialist Insurance for Estate administration problems
  • Arranging specialist Insurance to protect Executors duties and liabilities
  • Arranging Insurance for losses within estate administration

Problems with Wills

These days when people die disputes can arise.

Our principle has over thirty-five years of legal experience in this area and in a recent discussion he felt in the last five/ten years the growth in disputes has been the greatest expansive of this area of the law.

Often these are very stressful.

We are constantly asked to give advice on these matters.

They generally but not always fall into two categories.

This can be that no will can be found, and one or more family members believe they are entitled to assets/monies. Other family members believe they are entitled to some benefit. If no valid will can be found, then the law sets out the way the estate should be distributed.

This can be challenged and there is what is known as case law to give guidance. This is a complicated area of law and advice should be taken.

3C Legal will do this and resolve the problem.

Disputes can occur within the family and the first sign of trouble is often a family member saying, ‘it’s not the money but the principle that matters’.

We have often seen homemade wills or wills made by non-qualified persons creating the problem as they do not set out the correct position or the terms of the will are vague, confused or capable of several different interpretations.

Sadly, over the years we have seen an increase in situations where the will maybe contested as the will purported to represent the deceased persons wishes was created by fraud, forged, coercion or duress which can only be determined by evidence. If any of these matters can be clearly shown, then the will is invalid.

We have often acted for executors who have faced disputes as family members have simply ‘tried it on’. We have also acted for beneficiaries who have a legitimate claim. This is an ever-increasing area of the law which can be complicated, and it is important that your advisers are up to date with any new legislation or new case law.

Where we are instructed, we will attempt to resolve this matter by way of mediation. However regrettably some issues can only be determined by the courts which is an expensive process and will reduce the value of the estate to be distributed.