If you are considering disputing a Will or contesting some other aspect of an estate, or the way the estate has been administered and distributed, Holmes & Hills Solicitors can help you.
Will disputes are becoming increasingly common because family relationships are more complicated and more Executors of Wills are dealing with the distribution of estates themselves, without seeking specialist advice from a solicitor. This can mean estates are not administered and distributed by Executors as they should be, potentially providing grounds for disputes.
At Holmes & Hills Solicitors we understand that disputes surrounding Wills and inheritance can be extremely upsetting and often involve close family and friends. With this in mind, our solicitors aim to resolve Will disputes and claims surrounding estate administration quickly and cost-effectively.
Holmes & Hills has a team of solicitors specialising in challenging a Will and contested probate issues. Our team provides legal advice and representation to individuals and families across Essex and Suffolk.
You can meet with one of our expert contentious probate solicitors at any one of our seven offices across Essex and Suffolk. At this meeting your solicitor will give you guidance on whether there may be grounds for contesting the Will or making a claim against the estate in your case, whether you personally are able to do so and what your options are moving forward.
It is recommended that you come to the initial meeting with the specialist solicitor with any and all questions you may have about your potential dispute, so as to ensure you get answers to these. Our aim is that by the time you leave this initial appointment, you feel fully informed about whether there are grounds for a dispute, whether you personally could proceed with a dispute, the options available to you and any and all likely costs for pursuing a dispute.
If you find yourself in the position of needing to defend a claim being made against you personally, or an estate for which you are an Executor, Holmes & Hills Solicitors can provide you with the expert advice and guidance you will need. The first step to take is to book an initial meeting with one of our specialist contentious probate solicitors.
Contentious probate is the term used by solicitors when referring to a dispute over a Will, or more broadly, when any dispute arises in relation to the administration of a deceased person’s estate. This dispute can take different forms, including but not limited to:
Who can contest a Will?
There are certain people who may contest an estate include the following:
The team of inheritance dispute experts at Holmes & Hills Solicitors have a wealth of experience sucessfully challenging Wills, making claims against estates, as well as defending Executors and estates against claims. Below are some of the tactics that can be employed, subject to circumstances, when proceeding with a dispute.
Holmes & Hills register an interest on your behalf in seeing the Will once the Grant of Probate is registered, then upon receipt of the Will we report back the findings to you and highlight any queries that appear.
Holmes & Hills draft a letter to the person or company who made the disputed Will and question how the Will was made and brief details of why we believe you are entitled to claim against the estate. Upon any response we shall report back on our findings and if needed raise further letters and questions to the Will maker.
Should you feel that the Executors are not acting in the best interest of the estate or that they are not responding to enquiries, we are able to make an application to the probate registry that acts to prevent the Executors from being able to apply for the Grant of Probate / Letters of Administration (please note: we can only apply for this caveat before the application is sent in by the executors / administrators).
The aim of filing this application is so that both parties can amicably agree to a solution to issues with the estate. Should the parties not agree, or there is no response from the estate, the next stage would be to file proceedings with the Court.
Our team of litigators are experienced in successfully advising and representing clients in relation to complex disputes and in cases that proceed to Court.
When advising you on a dispute, our aim is to protect your interests and successfully resolve your dispute as quickly and efficiently as possible in your favour. We achieve this through delivering strategic advice on how the claim (or defence) should be managed, and implementing this strategy to its full effect.
Holmes & Hills Solicitors can guide and support you through every step of the court proceedings whether you are bringing or defending a claim relating to a Will dispute or action against an estate. This includes preparing your strongest possible case for Court, to ensure you stand the greatest chance of success. As you would expect, your expert contentious probate solicitor will provide you with advice and guidance at each and every stage of the Court process.
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