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Wills And Probate Disputes

Wills, Probate and Court of Protection Disputes

There are several grounds upon which Wills can be challenged.

The most common are:

  • Lack of testamentary capacity.  A challenge on this basis has to meet specific legal criteria and will almost always require medical evidence.
  • Lack of proper execution i.e. the strict formalities of Will execution not being met.
  • Fraud and forgery.
  • Lack of knowledge and approval of the Will contents.
  • Undue influence.
  • Revocation of the Will

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All of these grounds have their own very specific legal criteria upon which we can advise.

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We are also very experienced in dealing with other types of claim relating to estates such as claims for financial provision from a deceased’s estate under the Inheritance (Provision for Family and Dependants) Act 1975. This act allows certain categories of person to claim from a deceased’s estate because they have not been left reasonable provision. Those entitled to claim include spouses, civil partners, some co-habitees, children and dependants.

Also we have acted in a number of Court of Protection cases, involving challenges to Powers of Attorney, statutory Wills and care disputes including challenging Deprivation of Liberty Orders sought by Local Authorities.

We offer a concessionary fixed fee for initial advice in this area – please contact us for details.

We also have a mediation service available or can recommend other mediators if we are representing you.

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Quotes from The Legal 500

“Legal 500 recognition for Kate Barnes’ contentious trust and probate work”

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‘Her advice was extremely helpful and provided me with some security as I navigated the difficult circumstances,’ says a client of partner Kate Barnes, who is ‘very efficient and knowledgeable’.

Kate Barnes immediately began to enable me to step back from the emotions enough to give sensible instructions and find a way forward. Her advice as to the path to take and how things would likely develop proved to be extremely helpful and provided me with some security as I navigated the difficult circumstances. This came from her knowledge, a business-like approach and communication skills for which I am very grateful.‘

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Find out more about the seven stages of the civil court process.

Dispute Resolution Team

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