Contentious Wills, Trusts and Probate
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 or 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)
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Head of Wills and Probate
"Impressive group with expertise in both matrimonial finance cases and children matters. A strong childcare team handles cases involving physical and emotional abuse, as well as fatalities. Well versed in matters with international aspects, Hague Convention cases, as well as adoption and guardianship issues.
Chambers UK, 2018
Anton Balkitis frequently represents the operators of both goods and passenger vehicles in court proceedings. Clients remark: "He has a commercial understanding of real-life issues and will always provide a balanced view
Chambers UK, 2019
Impressive group with expertise in both matrimonial finance cases and children matters. A strong childcare team handles cases involving physical and emotional abuse, as well as fatalities. Well versed in matters with international aspects, Hague Convention cases, as well as adoption and guardianship issues.
Chambers UK, 2018
Chris Powell at Rotheras was recommended to us by a trusted associate within the Transport Industry; without doubt we wouldn’t have had the excellent outcome we did without his and his team’s involvement. The level of professionalism, expert advice and assistance was faultless; we felt reassured and well informed throughout the whole process. It was a pleasure to do business with him and would highly recommend his services!
Julian Brindley - John Brindley Ltd
The team at Rotheras, and Mr Powell in particular, have provided us with an outstanding service. We are extremely grateful for the help and support they gave us in dealing with issues relating to our transport operations and our goods vehicle operators licence. Mr Powell was professional, knowledgable, efficient and effective. He quickly understood our business and the problem we had. He responded with sensible advice and acted quickly on our behalf to resolve the matter. I cannot thank him enough for his help and I would recommend Mr Powell, and the Rotheras team, without hesitation. I am extremely grateful for the help they gave us.
Richard Hitchcock - Hitchcock & King
I would highly recommend James Briggs, solicitor at Rotheras. He has been extremely helpful, patient and thorough whilst helping me with affairs following the death of my husband. Even during lockdown (covid) he maintained communication and kept me informed of what was happening. He successfully achieved the outcome I needed and I would not hesitate to recommend him.
We are in the middle of launching our own packaging agency and contacted Rotheras for some professional legal advice with regards to contracts. After an initial call with Billy, he made it clear what we needed and asked plenty of questions to understand what it was we needed. He was very responsive to our questions, whether it be over the phone or via emails and made the process really simple. We had little experience in this area so it was fantastic to work with Billy, who explained everything concisely. We were also really pleased with the quick turnaround and great value offered. Would thoroughly recommend working with Rotheras.
Tom Burden, Director of Rightbox Ltd
Billy understood our requirement from the get go and really nailed down on what we needed in our commercial agency agreement. Billy kept us informed every step of the way and showed great professionalism. We would recommend his services to any start-up business who is in need of legal advice and guidance with commercial contracts.
Axl Barber, Sales Director of Rightbox Ltd
I was extremely pleased with the service that Kerry provided in order to sell my mothers house. Good, prompt communication and all questions dealt with or answered as requested. Consequently I would recommend yours services to others.
Anton has substantial experience acting for commercial goods hauliers and other transport operators. He advises on a range of contentious issues including operator licence, maintenance and tachograph matters, with a wealth of experience acting in public inquiries before Traffic Commissioners."Anton is a highly informed and personable lawyer.
Chambers UK, 2020
Chris Powell focuses his practice on road transport issues, regularly representing haulage, transport and logistics companies. He has considerable experience in regulatory matters involving operator licences and compliance failings, as well as more serious criminal investigations relating to fraud.
Chambers UK, 2020
Dear Sally, I can’t thank you enough for today! You took the pressure off me and I felt so looked after and understood everything that was happening. Thank you so much!
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.
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.
Abagail Clarke is a paralegal in Rotheras’ Dispute Resolution department and is based at our Lace Market office.
We’re Recruiting: Telephone Receptionist
An opportunity has arisen to join our team as a Telephone Receptionist. This person will be the first point of contact for all inbound telephone enquiries.
We are looking for a friendly and cheery person who has excellent communication skills. You will be dealing with clients on the telephone, taking messages and passing calls on to other members of staff.
The role is full-time, 9am to 5pm Monday to Friday, and can be based at our office in The Lace Market in Nottingham or at home or a mixture of the two (hybrid working).
Posted on 10/01/2022
A Short Guide to Meeting Your Responsibilities as an External Transport Manager
It is not easy being an External Transport Manager. You have the same responsibilities as a full-time in-house Transport Manager however you might only be contracted for a handful of hours a week in the case of a single vehicle operator. Even for a diligent External Transport Manager it can be difficult to exercise continuous and effective control when you may only see the vehicles you are responsible for a few hours a week.
This guide is intended to be a short, no-nonsense crib sheet for External Transport Managers. It is by no means comprehensive, but it does flag up some of the more common issues that can ultimately lead to problems with the Traffic Commissioner.
Posted on 24/11/2021