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JR Jones Solicitors Birmingham
solicitors Birmingham

Disputes about Wills and Probate

When someone close to us dies, sadly it is not uncommon for disputes to arise about how their estate is dealt with and who should inherit.

If you have a dispute about a family member’s Will, or contact usthe way in which their estate is being dealt with, we can help. We have the experience and expertise to help you to resolve the dispute. We will give you practical legal advice on how to proceed, and we can represent you in Court proceedings if they become necessary.

Inheritance can be a confusing legal issue, the rules are different depending on whether the deceased left a Will or not. The issue of who is ‘entitled’ to inherit can become more complex when someone may have had more than one family in their lifetime, for example through multiple marriages. 

We can assess the situation on your behalf and set out who should legally inherit, based either on the Will, or the Laws of Intestacy when the deceased did not leave a Will.

This is a complex area of law and you should always seek expert legal advice. We can help with all areas of contested probate, including:

The deceased’s estate is not being administered properly

This is where the people dealing with the distribution of the deceased assets (the Executors) are not following the instructions in the Will, or are not following the rules of intestacy where there was no Will.

The Will is invalid

A Will may not be valid if it was not made following the correct procedures set out by law. These include how the Will was witnessed.

Financial dependants were not provided for in the Will

The person making the Will can leave their assets to whomever they like. However, if they have not provided in the Will for someone who is financially dependent on them (such as a young child, for example), it may be possible to make a claim against the estate.

Undue influence was placed on the Will maker

If it can be shown that the person making the will was overly pressurised, for example to include or exclude a person from the Will, it may be possible to challenge the Will.

The person lacked mental capacity to make a Will

With more and more elderly people suffering from diseases such as Dementia or Alzheimer’s, which may affect their mental capacity, this can bring rise to challenges as to whether they were in a fit state to make the Will and whether they understood what they were doing.

Please contact us for advice on any of the above issues or for anything else relating to Wills or Probate.