Contentious Wills, Trusts & Probate
When a loved one passes away it is a difficult and emotional time, which can be made even harder if you or another family member feels that the estate of the deceased is not being managed properly.
Disputes over estates and challenges to wills are on the increase due to the rise in conditions such as dementia, leading some to question the validity of a Will, as well as more diverse family structures resulting in additional relatives expecting a share of the estate.
While everyone has the freedom to create a will and choose how their estate and assets are distributed following their death, claims against an estate can be made under the Inheritance (Provision for Family and Dependents) Act 1975 in situations where:
- You are a spouse of civil partner of the deceased
- You are a divorced spouse or civil partner of the deceased
- You lived with the deceased for at least two years before their death
- You are a child of the deceased (including children over 18)
- You were treated as a child by the deceased/are an adopted child, foster child, stepchild of the deceased
- You were cared for by the deceased before they died
- You were financially dependant on the deceased
There are various reasons why you may wish to claim against a person’s estate. Applications to contest the validity of the Will can be made on the following grounds:
- You want to challenge the mental capacity of the deceased
- You do not believe the Will was executed correctly or that the deceased did not fully understand the contents of the Will.
- You think there was another agreement with the deceased before their death relating to the disposal of their estate
At Rotheras our Contentious Probate team have substantial experience in assisting those wishing to make a claim against an estate or supporting relatives who want to defend a claim.
Why use Rotheras for Contentious Wills, Trusts and Probate?
Our solicitors can assist you whether you are looking to instigate or defend a claim.
We have vast experience in advising and supporting clients with Wills, Estates, Trusts and Court of Protection disputes.
We will work with you to identify what you hope to achieve and devise a plan which meets your aims and supports you throughout the dispute.
Our Contentious Probate team includes members of ACTAPS (the Association of Contentious Trust and Probate Litigation Specialists).
We can work closely with our private client and commercial teams to provide you with a fully cohesive service which can address any issue which may arise as a result of a dispute.
Where possible we encourage the use of Alternative Dispute Resolution as a way to resolve your matter. Court proceedings should always be a last resort.
We can support you in providing information and options for funding your case.
We can help you with:
- Contesting a Will
- Contesting the application for a grant of probate Contesting a trust
- Estate administration disputes
- Property and asset disputes
- Inheritance Act claims
- Contested Court of Protection proceedings
- Lifetime claims such as actions against trustees who fail to comply with their duties
- Deputyship disputes
- Financial abuse
- Professional negligence
- Death without a Will (Intestacy)
Posted 27 January 2020
This was my first experience using a solicitor, something I felt quite daunted about. Rothera Sharp (Greg and Petra) put me at ease and were very helpful.
Posted 27 January 2020
Last year I experienced a car accident, as a front seat passenger. I put forward a personal injury claim with Rothera Sharp. From start to finish, my claim has been dealt with efficiently and professionally, and I have always felt my best interests were considered. All communications were made via letter or email to inform me of all further updates. My claim has now come to an end and I am very happy with the overall outcome. I would recommend Rothera Sharp for their service.
Posted 4 February 2020
We cannot recommend Chris Powell of Rothera Sharp more highly. Mr Powell demonstrated the upmost professionalism with a high level of knowledge of the area for which he was representing us. Anyone needing representation/advice regarding the area of haulage will find that Chris Powell and Rothera Sharp are the best choice.
Posted 4 February 2020
Claim dealt with efficiently and to a satisfactory conclusion. Wayne Vickers visited me at home initially and explained everything thoroughly. Professional service throughout. Recommended
Richard Bates leads the Litigation and Dispute Resolution team at Rotheras. Richard is a litigation specialist and can provide a wide range of services to both commercial and private clients.
Richard Hammond is a Dispute Resolution specialist and mediator at Nottingham-based law firm Rotheras Solicitors. Richard is also a notary public, processing client documents for international use.
Joshua Morley is a Trainee Solicitor currently in the Dispute Resolution department and is based in the Lace Market office.
Paige Regardsoe is a Solicitor in our Dispute Resolution department and is based at our Lace Market office.
Millie Moreton is a paralegal in Rotheras commercial and dispute resolution departments and is based at our Lace Market office.
Restrictive Covenants: Can an existing restriction be modified?
Restrictive Covenants: Can an existing restriction prohibiting further development be modified by the courts if deemed reasonable?
Posted on 07/08/2020