Wills & Probate Disputes

What are the grounds on which a Will can be challenged?

Most challenges to a Will are settled out of Court. While it is a fundamental principle of English law that a person is free to leave their property to whomever they wish after death, there are circumstances under which a Will can and should be challenged:

• The Testator lacked mental capacity when executing their Will.
• Fraud or undue influence was exerted to ensure the Testator made certain provisions in their Will.
• The Will is not legally valid.

Our Contentious Wills and Probate Solicitors in Nuneaton and Warwickshire will examine the details of your claim and advise you on:

• Whether pursuing the claim is worthwhile, considering the financial and emotional impacts, and
• The best steps to take if you decide to proceed.

Whenever possible, our solicitors will attempt to resolve the dispute through negotiation or mediation.

Who can make a claim under the Inheritance (Provision for Family and Dependants) Act 1975?

The Inheritance (Provision for Family and Dependants) Act 1975 allows certain individuals to bring a claim if they have not been reasonably provided for in a person’s Will:

• Spouses and Civil Partners.
• Former spouses.
• Children (including adult and estranged children).
• People treated as a child by the deceased.
• Cohabitees.
• Someone financially maintained by the deceased.

When deciding on a claim, the Court is not concerned with the merits of the Claimant’s case but makes an objective assessment of whether the Will failed to make reasonable financial provision for the Claimant. The Court does not deliberate on whether the deceased’s actions were morally right or wrong.

Factors considered by the Court include:

• The Claimant’s financial circumstances and those of the Beneficiaries.
• The size and nature of the estate.
• The obligations and responsibilities the deceased had towards the Claimant and other Beneficiaries.
• Any mental or physical disabilities of the parties involved.
• Other relevant factors, such as the behaviour of the parties.

Proceedings must be initiated within six months of the Grant of Probate, although the Court has discretion to hear a case where proceedings are filed later.

Can an Executor be removed?

An Executor, appointed by the deceased in their Will, administers the estate and applies for Probate. The Executor can be a family member, friend, or a professional such as a Solicitor or Accountant.

If the Executor has acted negligently or dishonestly, you can apply to have them removed. Actions warranting removal include:

• Taking too long to prepare and apply for Probate.
• Unlawfully transferring assets to themselves.
• Selling property and assets below market value without justification.
• Not distributing assets according to the Will’s provisions.
• Acting dishonestly.

Our solicitors in Nuneaton and Warwickshire represent Executors and Beneficiaries in disputes over the Executor’s performance. These disputes can be highly emotional; therefore, it is crucial to have a Solicitor experienced in Wills and Probate disputes. Our team understands the importance of clear communication and will proactively seek non-litigious solutions. However, if it is evident that the Executor must be removed, we will act promptly to ensure this happens.