Estate Disputes

Solicitors experienced in estate disputes
Will Disputes

Disputes in relation to a will can be summarised into 3 categories:

  • Contesting a grant of probate
  • Contesting the interpretation of the terms of the will
  • Family provision applications or claims.

We act for clients for estate matters every day.
Talk to us about your rights.

Contesting a Grant of Probate

In some situations the validity of the will may be contested. Some reasons for contesting the validity of a will include:

  • The deceased did not have capacity at the time the will was made
  • The will is not the deceased’s last will and has been revoked
  • Alterations have been made to the will
  • The will was not validly prepared and signed.
Interpretation Regarding the Terms of the Will

Where the terms of the will are disputed or unclear, the executor or a person connected with the will may apply to the court for an order regarding the interpretation of a clause in the will.

There are strict time limits for such applications.

Family Provision Claims

A deceased’s spouse, child or dependant may apply to the court for their proper maintenance and support if the deceased has failed to do so in their will.

The power of the court is discretionary. The court can order such a provision as the court thinks fit taking into account various factors including:

  • The size of the estate
  • The financial position of the applicant
  • The age, sex and health of the applicant
  • Representations made to the applicant upon which the applicant acted on
  • The nature of the relationship of the deceased and the applicant
  • Contributions by the applicant to the deceased’s estate
  • The benefits received by the applicant during the deceased’s lifetime
  • The character and conduct of the applicant.

There are strict time limits to making a family provision claim. The claimant must give notice within 6 months from the date of death of their intention to make a claim. Court documents must then be initiated within 9 months from the date of death.

Freeman Lawyers acts for clients for estate matters on a daily basis. Talk to us about your rights.

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