Contentious Probate
Has a spouse, partner or relative died without a Will? Or leaving a Will, which excludes you or makes a lesser provision for you than you had expected, maybe under a former Will?
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Key Contacts
Perhaps there is an allegation that the deceased made his last Will under duress, or was mentally incapable, or indeed that the deceased may not have signed the Will at all? You may be a beneficiary or, conversely, the executor or administrator of an estate facing such a claim. You may not be seeking to challenge the Will (or intestacy) provision at all, but simply have concerns about the administration of the estate, either as an executor/administrator or a beneficiary. There is a multitude of possible scenarios.
Commonly, people die without leaving a Will (‘intestate’), which means the law decides how their estates are to be divided between surviving relatives. In some cases, where there is only a surviving spouse, this can be quite straightforward, but often, particularly where partners have never married, or where the deceased had children by a first marriage or other relationship, it can lead to all manner of claims and counterclaims from the deceased person’s ‘other’ or ‘first’ family.
At Seddons we can advise you as to the prospects of a successful challenge to a Will or how you may obtain a share (or larger share) of the deceased’s person’s estate under the Inheritance (Provision for family and dependants) Act 1975.
For further information on how we can assist you, please contact John Melville-Smith on +44 (0) 20 7725 8027 or click here to email him directly.