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Disputed Wills & Probate

Disputes or problems involving wills, probate and estates are becoming more common, as individuals become more aware of their rights and times are tight financially leading to a belief that there may be a pot of money in an estate available to attack. They can also be triggered by disagreements between step families or between families and carers of the person who has died.

These types of dispute can for example involve challenges to the validity of a will (on the grounds of lack of mental capacity or undue influence), disagreements between executors over the administration of an estate, claims by disappointed beneficiaries who have been left out of a will, claims by individuals who have been promised property by the deceased but have not received it following their death or abuse of Powers of Attorney.

The issues outlined above are often complex and stressful. It is therefore important that those individuals involved in disputes involving wills and estates receive professional advice as soon as possible, as in some cases they may be vulnerable to sanctions from the Court including costs orders.

The Private Client team at Kitsons, which covers 3 offices across Devon, provides a specialist service to individuals on disputed wills and estates. We aim to provide realistic and cost effective advice, so that clients are well informed and aware of the options open to them from the beginning of a dispute right through to trial (if appropriate). We strongly believe in the importance of pursuing negotiation or alternative dispute resolution (such as mediation) to settle a dispute out of Court, in the hope of saving costs and preserving the value of the Estate.

Please contact John Clarke on 01803 202020 or by email at john.clarke@kitsons-solicitors.co.uk for further information. John is a Contentious Trust and Probate specialist. He deals with challenges to the validity of wills, claims for financial provision from deceased persons’ estates and disputes between executors (the persons appointed under a will to administer an estate) and beneficiaries.