Wills and Probate Disputes

If you suspect that a Will is not being followed correctly, or have a dispute surrounding probate, our expert lawyers can help.

At what can already be a difficult and stressful time, suspicions that a persons last wishes and intentions are not being followed, can make it even harder. If you have doubts that a Will is being followed correctly, or have a dispute surrounding probate, our expert lawyers can help.

It is important to recognise that if a Will has been validly made, it is a binding legal document. The law in England and Wales respects the wishes of the person who has died, whether or not these are unexpected or disagreed with by family or friends. This is subject however to certain close relatives being able to make a claim against an estate under the Inheritance (Provision for Family & Dependants) Act 1975.

There are however, legal grounds in which you can challenge a will; if you strongly suspect the will isn’t a true reflection of the intentions of the deceased, or if the will hasn’t been executed correctly.

We can help with the following disputes:

You may be able to contest the validity of a Will if:
- You believe the deceased did not have sufficient legal capacity to make their Will at the time the Will was signed
- You believe the deceased was unduly influenced into making a new Will in less favourable terms than their earlier Will.
- There are legal issues with the Will, such as it has not been signed correctly by the deceased or the two witnesses. It is also possible you might have a claim in Professional Negligence against the solicitors who drew up the Will if the Will is deemed invalid and you suffer a loss as result.
- A Will cannot be found and/or you have reason to believe that the Will has been destroyed on purpose.
We can also help you in the following circumstances:
- You have been left out of a Will, possibly due to a family fallout. You may still be able to make a claim against the Estate.
- You have been left less in a Will than other beneficiaries. You may be able to claim a larger share of the Estate.
- You do not inherit anything when there is no Will made. This is because the intestacy rules do not recognise you as a beneficiary of the estate. You may still be able to claim against the Estate under the Inheritance (Provision for Family & Dependants) Act 1975.
An Executor and the Administrator are the people legally appointed to administer the estate under the Will (Executor) or under the intestacy rules (Administrator).
There are many areas where a beneficiary might have concerns about how the Executor or the Administrator is performing their role, for example:
- Selling an asset in the estate for less than its true market value.
- Taking ownership of assets themselves, instead of selling them to distribute the cash funds for the beneficiaries.
- Misinterpreting the meaning of the terms of the Will so the instructions in the Will are not being correctly followed.
- Failing to settle the deceased’s debts properly before distributing the funds to the beneficiaries.
- Delaying payment of inheritance to the beneficiaries.
- Refusing to provide the beneficiaries with information about the assets and liabilities of the estate.
We can assist you in these circumstances to make sure the Executor or the Administrator is performing their duties correctly so that you receive the inheritance you are entitled to. In certain cases, it is also possible to apply to the Court to have an Executor or Administrator removed from the role and replaced with someone else who will administer the estate correctly and promptly.
Often the elderly or vulnerable lean on family members in their later years to provide them with financial support and assistance. A Power of Attorney can be made to formally grant another person access to their bank accounts, alternatively, informal arrangements are often made where a relative is made a signatory to someone’s bank account or is given their bank card and PIN number to access their cash for them.
Unfortunately, this trust can be broken and money can be misappropriated (stolen) by an attorney or a relative with access to their money.
The situation might come to light during the person’s lifetime, but more often, it comes to light after the person’s death and the elderly or vulnerable person’s bank accounts and investments have been significantly depleted or there is nothing left for other relatives to inherit.
What can you do?
If the elderly or vulnerable person is still alive, Jordans can help you make an application to the Court of Protection for a deputyship order to put you legally in charge of that person’s financial affairs so you can stop the financial abuse from happening. Or, if there is already a Lasting Power of Attorney in place, we can advise about challenging their authority.
If the financial abuse has come to light after your relative has died, we can assist you by investigating whether financial abuse has occurred and if it has, taking action to recover the monies stolen from your relatives.
If you have been accused of financial abuse, we can also assist you to defend those claims.

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How can Jordans Solicitors Help?

At Jordan’s Solicitors, we understand how upsetting it is to have disputes about wills and probate. Our team is made up of specialist lawyers who are experienced in all types of disputes surrounding wills, probate and inheritance.

Whether you are looking to make or defend a claim, we can help you. We will handle your case quickly and with sensitivity, whilst being committed to excellent client care.

To see how Jordans Solicitors can help you, and for a quotation for our services, call 0330 300 1103 or request a call-back.

FAQs

Anyone who has been affected by a Will can contest that Will
You must however have sufficient ‘legal standing’ to do so. It is therefore important to speak to Jordans Solicitors expert Wills Probate and Inheritance Dispute solicitors as soon as you are able to, so we can advise you properly.
It is also sensible to act quickly to stop the disputed Will from being admitted to probate. Once a Grant of Probate of a Will has been issued, the executors will begin to administer the estate. A caveat can be registered against the Will at the Probate Registry in order to block the issuing of the Grant of Probate. This must be done before the Grant of Probate is issued.
There are various potential outcomes. If a Will is found to be invalid, then its terms will not take effect. If the deceased had made an earlier Will, that Will then becomes the deceased’s last Will and Testament, and their estate will pass in accordance with its terms.
If the deceased had not made a previous Will then the intestacy rules will explain how the deceased’s estate passes. This is according to a strict list of close relatives who are entitled to inherit an estate where no Will has been made.
If you were left something in a Will which is later contested and found to be invalid this may mean you do not inherit anything from the deceased’s estate. If this is the case, it may be possible to make an Inheritance Act Claim against the estate for reasonable financial provision and you might have a claim against the solicitors who prepared the will in a Professional Negligence Claim if it is the solicitors’ fault that the Will is invalid.
If you have been left out of a Will by a close family member, or if the deceased did not make a Will and you are not recognised as a beneficiary by the intestacy rules, you may be able to bring a claim under the Inheritance (Provision for Family & Dependants) Act 1975.
Claims can also be brought if the Will or the intestacy rules do not provide you with enough provision for your financial needs, such as where you have only been left a token gift in the Will rather than a real share of the estate.
Inheritance Act claims can arise in many circumstances such as:
- Where you have been cut out altogether, perhaps with your siblings inheriting the estate when you think you should have shared the estate with them.
- Where a parent has remarried, and all their estate goes to their new spouse. If you do not have a good relationship with your stepparent, you may not be included in their Will and will not therefore inherit anything from your parent.
- Where you were not married to the deceased and he or she had not made a Will before they died. In these circumstances you would not be entitled to a share of the estate as you are not recognised by the intestacy rules as their beneficiary.
If you believe you may have a claim, contact our expert team for advice.

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