Defending an inheritance dispute

Defending an inheritance dispute: Dealing with Inheritance Act claims, invalid Will challenges and other contested probate disputes

If you are looking for specialist solicitors to help you with defending an inheritance dispute then our team is here to assist.

We are a Legal 500 recommended firm with eight qualified lawyers — as well as a number of supporting paralegal staff — who specialise exclusively in dealing with inheritance disputes.

Our lawyers are highly experienced in defending inheritance disputes on behalf of executors and beneficiaries, acting for clients nationwide and overseas.

We specialise in defending all types of inheritance dispute, including:

  • Inheritance Act claims
  • Invalid will challenges
  • Beneficial interest claims
  • Will rectification claims

We are also able to deal with Caveats, Warnings and Appearances where these have been entered, or need to be entered.

Caveats are frequently wrongly used by claimants in inheritance disputes. They shouldn’t be issued where a claim is being made under the Inheritance Act, for instance. Claimants can sometimes also use caveats to hold up the administration of an estate where there is no evidence to support a legal challenge.

We are proud of our track record of success and there are a number of case studies published on this website which give real-life examples of the types of claim we have successfully defended. These include:

Defending an Inheritance Act claim made by a surviving husband

Successful defence of a multi-party inheritance claim

Forcing claimants to discontinue their inheritance claim and recovering legal costs from them

We appreciate that executors often find themselves placed in an awkward position when the deceased’s Will faces a legal challenge. In particular executors are understandably anxious to avoid a situation where they could be held personally liable themselves. These are situations where we can help to remove the risk and stress from the executor’s shoulders and deal with the dispute on behalf of the estate. You can read here about a case where the executor was faced with claimants who were dragging their feet but was worried about becoming liable for costs if they disregarded the claim. We obtained what is known as a Fitzhugh Gates Order from the court which gave the executor the complete protection they were seeking.

Many of the inheritance disputes we defend involve allegations that the Will is invalid. We are experienced in dealing with invalid Will challenges based on grounds such as lack of capacity, undue influence and want of knowledge and approval. Lots of useful information about invalidity is contained  our guide to defending invalid Will challenges.

So, if you are looking for solicitors who are experts in defending an inheritance dispute then call our free legal helpline on 0333 888 0407 or email us at [email protected]

 

 

 

 

Defending an inheritance dispute