Probate claims can be extremely stressful for clients because they arise at a time when the family is struggling to deal with the bereavement issues as well as having to make decisions on legal matters.
We recognise that the issues are not only financial but also that family relationships are sometimes at stake. For this reason, we will ensure that litigation will only be pursued if the matter cannot be resolved by negotiation or mediation. We are accustomed to advising clients on all issues relating to challenges made to Wills, including challenges due to incapacity of the Testator, due to undue influence having been exerted on the Testator, and where the Testator lacked knowledge and approval of the Will.
In circumstances where a Will or Intestacy has failed to make reasonable financial provision for a spouse or dependant of the deceased, we will advise on the availability of a claim under the Inheritance (Provision for Family and Dependants) Act 1975. We can also advise Executors, Administrators and Beneficiaries on how such claims should be defended.