Expert Probate Dispute Solicitors

Resolving probate disputes with compassion and expertise

About Our Firm

PCB Solicitors have been providing expert legal services in Shropshire, Mid Wales and surrounding areas for many years, specialising in resolving complex probate disputes efficiently and effectively.

Our Probate Dispute Services

• Contesting a Will: We assist you in reviewing and either challenging or defending the validity of wills. We can carry out assessment to assess the will’s compliance in relation to undue influence, lack of capacity, fraudulent calumny or improper execution.
• Proprietary Estoppel: If the deceased made a promise in their lifetime than you relied on to your detriment and you have not been sufficiently provided for in their Will or under the Intestacy Rules then we can assist you in obtaining a faire share of the estate.
• Executor Disputes: Our team helps resolve conflicts between executors and beneficiaries to ensure fair estate administration.
• Inheritance Disputes: We support you in claims for a fair share of the inheritance under the Inheritance (Provision for Family and Dependants) Act 1975.
• Trust Disputes: Expertise in resolving disagreements regarding the management and distribution of trusts.

Why Choose Us

• Experienced Solicitors: Our team includes experienced solicitors with a proven track record in probate disputes.
• Personalised Approach: We tailor our services to meet your unique needs and circumstances.
• Transparent Fees: Clear and upfront fee information to avoid any surprises.
• Compassionate Service: We understand the emotional complexities and offer empathetic support throughout the process.

Whether you are involved in a Probate Dispute or are just seeking some initial advice and guidance regarding a Will, contact us today on the Web, by phone on 01743 248148 or by email.

Frequently Asked Questions

1. What is a probate dispute?

A probate dispute arises when there is a disagreement over the administration of a deceased person’s estate. Common issues include the validity of the will, interpretation of the will’s terms, and the conduct of executors or administrators.

2. Who can contest a will?

Generally, beneficiaries named in the will, those who would inherit under intestacy rules (if there were no will), and individuals who were financially dependent on the deceased can contest a will.

3. On what grounds can a will be contested?

A will can be contested on several grounds, including:

• Lack of testamentary capacity
• Undue influence or coercion
• Fraud or forgery
• Improper execution of the will
• Lack of knowledge and approval of the will’s contents by the testator

4. How long do I have to contest a will?

The time limits for contesting a will vary depending on the grounds:

• Fraud and forgery: no time limit, but should be done as soon as possible.
• Inheritance (Provision for Family and Dependants) Act 1975 claims: within 6 months of the grant of probate.
• Lack of testamentary capacity, undue influence, fraud, and lack of knowledge and approval: it is sensible to seek advice as soon as possible so that the relevant time limit can be calculated.

5. What is the Inheritance (Provision for Family and Dependants) Act 1975?

This Act allows certain individuals to claim for reasonable financial provision from a deceased person’s estate if they were not adequately provided for in the will or under intestacy rules. Eligible claimants include spouses, former spouses, children, and anyone financially maintained by the deceased.

6. Can an executor or administrator be removed?

Yes, an executor or administrator can be removed if they are not fulfilling their duties properly. This usually requires a court application and sufficient evidence of misconduct, incapacity, or conflict of interest.

7. What are the costs involved in contesting a will?

The costs can vary widely depending on the complexity of the case. Legal fees can be significant, and there may be additional costs for expert witnesses and court fees. If you win, you may recover costs from the estate, but if you lose, you might have to pay the other party’s costs.

8. What should I do if I suspect a will is invalid?

If you suspect a will is invalid, you should seek legal advice immediately. One of our solicitors who specialise in probate disputes can guide you on the merits of your case, the evidence needed, and the potential costs involved.

9. What is a caveat, and how does it work?

A caveat is a legal notice that prevents the grant of probate from being issued. It allows you time to investigate a potential dispute. You can enter a caveat at any Probate Registry, which lasts for six months and can be renewed.

10. Can probate disputes be resolved without going to court?

Yes, many probate disputes are resolved through mediation or negotiation without the need for court proceedings. This can be quicker, less stressful, and more cost-effective than going to court.

11. How can I avoid probate disputes?

To minimise the risk of probate disputes, ensure a will is clearly drafted, regularly updated, and properly executed. Consider discussing your wishes with your family and beneficiaries to manage expectations and reduce the likelihood of misunderstandings.

Contact Us

If you need advice and assistance regarding a possible Probate Dispute then contact our specialist solicitors today on the Web, by phone on 01743 248148 or by email.