Contentious Probate matters may involve:

• objections to a Will arising from issues of validity of the document in question; or
• a claim from someone who was not included in the Will as a beneficiary, or was inadequately provided for, including relatives and dependants.

We also deal with caveats which may delay or ultimately prevent the appointment of specific executors. In addition at QualitySolicitors Oliver & Co. we can provide advice on the removal of executors or administrators where the appointment is inequitable or in circumstances where they may have carried out their duties negligently or fraudulently.

So how can a Will be challenged?

Disputes arising from Wills often occur for one of the following reasons:

• Undue influence and fraud - these types of cases arise when the person making the Will is pressurised to make or alter their Will contrary to what they had intended to do, while fraud in Wills can arise when signatures are altered or Wills even destroyed.
• Incorrectly executed Wills - all Wills must comply with the Wills Act 1963. This provides that a Will must be in writing, signed, dated and witnessed by two independent witnesses (neither of whom can be a beneficiary) at the same time as the person making the Will. If any of these rules are not complied with the Will is invalid and fails. With the increase in the number of DIY Wills from high street stores many people, through no fault of their own, may not be fully aware of these requirements when executing their Wills.
• Lack of capacity of the person making the Will - the person making the Will must have understood the nature of actually making the Will, the extent of the property which they were disposing of and the claims to which they ought to give effect. Will disputes are common when the person making the Will may have been suffering from Alzheimer's disease or other forms of dementia.

Claims for Financial Maintenance

Claims under the Inheritance (Provision for Family Dependents) Act 1975 can be brought against the Estate if it can be proved that the person making the Claim was in some way financially dependent upon the deceased before he or she died. The time limit on these types of cases are very limited as are the types of Claimant, therefore immediate legal advice should be sought from a specialist in the field.

Inheritance Tax Disputes

With increasing house values over the last fifteen years or so, many more people now find themselves in a position where their relatives will be required to pay Inheritance Tax on their Estate once they pass away. Often Wills are made a number of years prior to death and during that time tax legislative provisions may have been amended or repealed, meaning that the provisions of your Will are not as effective as they were intended to be. It is possible, with the consent of the executors and beneficiaries, to vary the terms of a Will to reduce the potential Inheritance Tax liability and our expert lawyers can advise on and assist with this process.

When dealing with any matter regarding the contesting of Wills, there are often strict time limits imposed and it is important that you seek specialist advice promptly to ensure that those time limits are not missed.

Contact John Loney today to discuss any issues you may have.