Contested Probate

Losing someone is difficult enough, but it can become even harder if a problem with probate arises, for example because someone challenges probate or you find you’ve been left out of the Will. During this time – whether you are an Executor/Administrator, a Beneficiary, or someone who feels they should be a Beneficiary – having a legal specialist who can shoulder the burden and support you through the dispute can be invaluable.

Disgruntled heirs, confusion over how to interpret the Will, confusion because there is no Will at all – these are all common reasons why disputes may arise during the probate process.

At Hains & Lewis Solicitors, our contentious probate specialists can provide all the advice you need to challenge probate or defend a deceased person’s estate.

We know that experiencing the death of someone close to you is very painful. Whether you and the deceased were close, or your relationship could best be described as complicated, it doesn’t make the loss any easier to deal with.

The matter can be made more difficult if you are named as Executor under the deceased’s Will, or they died without leaving a Will and you are the next of kin required to take on this role. It’s a big responsibility even when disputes don’t arise.

Things can be just as difficult if you are a Beneficiary or someone who should be a Beneficiary, and you have missed out, for example, because the estate administration is being mismanaged, or you’ve been left out of the Will (or not left as much as you need). Such cases can sometimes be incredibly frustrating, for example, if a Will has gone missing or is being withheld by other members of the family.

We can provide a tailored level of support, guiding you through the process smoothly and taking a strategic approach to disputes. With our help, our clients are often able to settle amicably and avoid court altogether. Although we also have experience fiercely fighting our clients’ corners during legal proceedings.

Our experience covers a wide range of contentious probate matters, including:

• Cases involving high value estates worth millions of pounds
• Disputes involving farms, farmland, other rural property and agricultural businesses.

To arrange an initial consultation with our approachable expert contested probate solicitors in South West Wales, please contact your local Hains & Lewis office in Carmarthen, Haverfordwest or Narberth.

How our contested probate solicitors can help you

Advice for Executors and Administrators

Executors are people appointed under someone’s Will to handle their final affairs after they die.

Administrators are people who handle a deceased person’s final affairs if they die without leaving a Will (called ‘dying intestate’). Certain people can apply to be administrators – usually it is next-of-kin or a close relative.

As you probably know, probate and estate administration is a big job. It involves:

• Gathering information about the deceased’s finances.
• Notifying their bank and other financial providers.
• Paying off debts.
• Applying for Probate.
• Handling Inheritance Tax.
• Distributing inheritance to the Beneficiaries either under the Will or the Rules of Intestacy.

Disputes can arise at any stage of the process, including:

• Disputes over the value of assets or property ownership disputes.
• Disputes over what debts the deceased owed and claims from people and organisations ‘owed’ money by the estate.
• Disputes over inheritance tax.
• Disputes over when and how inheritance is distributed to Beneficiaries and who the Beneficiaries are.

Whatever issue you are facing, we can guide you through it. We advise Executors and Administrators who are facing legal action, as well as people who want to challenge the way and executor or administrator is handling probate.

We know just how stressful dealing with a dispute can be when you’re already handling a very challenging job. We will provide a listening ear and emotional support as well as practical and knowledgeable legal advice.

Removing and replacing Executors and Administrators

If you think that an Executor or Administrator is not handling a deceased loved one’s estate properly, we can provide advice about removing them and potentially replacing them if necessary.

Court action should usually be a last resort, so we take a strategic approach, negotiating fair, amicable outcomes wherever possible. However, we are also used to fiercely representing our clients in court proceedings.

Intestacy

When someone dies without leaving a Will, it can throw up a lot of uncertainty. For example, who should step forward to administer the estate? What do you do if someone has lost out because they were not provided for in a Will? What if more than one person wants to handle the deceased’s final affairs?

We can help you answer all these questions and more. Whether you just need some advice about what to do when there is no Will, or a dispute has arisen and you need legal representation, we are here for you.

Our goal will be to help you secure a fair, positive outcome, no matter how combative and confusing things have become.

Will interpretation issues

If someone died leaving a Will that you are struggling to understand, or you and your family disagree over what the Will means, we can help. Our contested probate solicitors can resolve all kinds of Will interpretation issues, allowing families to sort out the estate in full confidence that you are respecting the deceased’s final wishes.

We can also help you make and defend court applications relating to the interpretation of a Will.

Inheritance disputes

It can be devastating to find out that you have been left out of a Will, not left as much as you need, or that someone you depend on has died intestate meaning you cannot inherit.

Luckily, it may be possible to claim inheritance under a law called the Inheritance (Provision for Family and Dependants) Act 1975. This law allows certain people, such as the deceased person’s partner and dependants to claim ‘reasonable financial provision’, even if the deceased left them out of the Will.

There may also be an ability to claim under the proprietary estoppel rule if it can be evidenced that the deceased had, during his/her lifetime, promised you the asset after his/her days.

Visit our Inheritance Disputes page for further information.

Farming contested probate

Succession and estate planning is important in any family, but it is particularly important in farming families.

Farms and agricultural businesses are unique commercial ventures in that they are often run by families, sometimes over generations. Relatives will work together, live together, and sometimes sacrifice other life opportunities to help the farm succeed. Alternatively, children may leave the farming business to pursue other opportunities but may still expect to be provided for after their parents pass away.

These unique family structures can often lead to disputes after a member of the family dies. We can advise on all sorts of farming contested probate issues, including:

• Intestacy disputes – for example, the effect of not leaving a Will may mean that the farm is inherited equally by the deceased’s children, rather than being left to the one who dedicated their whole life to working on the farm and expected to inherit everything.
• Disputes over how probate and estate administration is being handled, for example, disputes over Agricultural Property Relief and other various Inheritance Tax exemptions.
• Family disagreements that result in certain relatives being unfairly disinherited.
• Claims where a family member has been ‘promised’ the farm/assets after the deceased’s days but the Will or intestacy rules state otherwise.
• Disputes that may arise after death as to what happens to the deceased partner’s share in the business e.g. who receives the share after death? What happens to the deceased’s Capital Account balance? What assets are on the balance sheet?  An examination will be undertaken as regards the Profit and Loss Accounts and Partnership Agreement (if applicable).

We are leading lawyers in this area, and work closely with farming clients across Carmarthenshire, Pembrokeshire and beyond.

How to stop probate

Many contested probate claims should be started before probate has been granted. We can provide advice about stopping probate (called ‘entering a caveat’) so you can pursue a contested probate claim. We can also advise on challenging caveats so probate can proceed.

Speak to our contentious probate solicitors in Carmarthenshire and Pembrokeshire

To arrange an initial consultation with our approachable expert contested probate solicitors in South West Wales, please contact your local Hains & Lewis office in Carmarthen, Haverfordwest or Narberth.