Probate dispute – over how the estate is being distributed
The person or people appointed to distribute the property, land, money and possessions of the person who died are referred to as personal representatives. It can be quite a complicated job and they can be personally liable if they get it wrong. That is why they usually instruct solicitors to act on their behalf. There are 2 types:
- Executor - Where the person who died left a Will then this will usually have appointed executors. The executors are legally liable to ensure proper distribution to the correct people.
- Administrator - If there was no Will, then the Intestacy Rules apply and an Administrator is appointed by the court to apply those rules. The Administrator is usually a close blood relative of the person who died.
Types of probate dispute
If you are due to benefit under the Will or a trust created by the Will or under the Intestacy Rules, then you may have a probate dispute if you are worried that the personal representatives:
- failed to provide adequate information to those due to benefit.
- acted negligently in carrying out their duties.
- have not invested the estate money appropriately.
- are being dishonest
- have acted unreasonably.
- have not acted independently as they have a conflict of interest because they are also due to benefit.
- have over-charged, taking too much money from the Estate for their services, reducing what is left to be distributed to those due to benefit.
If you are due to benefit but are concerned that the people administering the estate are not acting in the estate’s best interests then you should take legal advice quickly. If you feel errors are being made then it is easier to intervene before the inheritance is given to the wrong people.
If they have not acted in the best interests of the estate you may be able to apply to the court to have them removed.
Even if they have distributed the estate, it may not be too late to bring a claim if you have lost out financially. However it may be a more complicated claim against the Executor or Administrator responsible for causing your losses by their negligent administration and distribution.
Our specialist lawyers will aim to ensure that your inheritance is correctly distributed - so that you receive what is rightfully yours.
If you are an executor or administrator facing this type of legal action, you should also take legal advice – our specialist lawyers may be able to help you.
The first step is to call or use our webform to receive Free Initial Assessment from an expert lawyer who will be able to advice in confidence as to whether you have a situation where we can help protect your position.
Have a question or need some help? Call 0808 304 7160
Click here to get in touchContesting a will or inheritance FAQs
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Defending a will and your inheritance
After suffering bereavement it can be distressing if someone challenges the Will of the person who died or if people come forward claiming to be owed large sums of money – that they want to be paid before the estate can be distributed.
Failure to make reasonable provision
If a Will or the Intestacy Rules (that apply where there is no Will) leave people close to the person who died without sufficient money to get by there is a special type of claim that can be brought. They can claim for ‘reasonable financial provision'.
Forged will
A Will can be challenged where it can be shown it was a forgery. That could be because it is a false document or perhaps one having a faked signature.
Funding your case
Free Initial Assessment: With QualitySolicitors, our confidential telephone service means that it doesn’t cost you anything to speak to one of our expert lawyers to find out how we can help you.
Probate dispute – over how the estate is being distributed
The person or people appointed to distribute the property, land, money and possessions of the person who died are referred to as personal representatives. It can be quite a complicated job and they can be personally liable if they get it wrong.
Unfairly and unexpectedly left out of the Will
A Will can be challenged if it unfairly leaves someone out. There are 3 main types of claim that can be made when you are left out of a Will:
Will and inheritance dispute time limits
The earlier you take advice the better. The time limit that applies depends on the type of Will or inheritance claim that you have. Each case is different but the time limit can be as little as six months.
Will is not valid
A Will needs to comply with the rules for making a Will so that when the person making it dies it has legal force and is followed.
Will was made under pressure
The challenge to the Will might be because the person was pressurised into making the Will against their free will. The legal term is “undue influence”.
