Contested Probate

This includes the following:

• Claims by and against executors
• Executors performing poorly
• Claims involving agreements made prior to death regarding property
• Businesses and unusual assets

In every bereavement, the hope is that the Will and distribution of the estate can be dealt with efficiently, respectfully and in accordance with the deceased’s wishes.

However, sometimes there are problems with how the Will was written and recorded, conflicting claims or prior agreements or issues with the performance of the executors.

When disputes do arise, we aim to conclude your case as quickly and amicably as possible. We deal with these matters sensitively and discreetly, wherever possible, pursuing a solution that does not involve the cost and delay of courts.

Our team is led by Kellie Williams-Jauvel, who is an ACTAPS (The Association of Contentious Trust and Probate Specialists) accredited litigator.

• Validity of Wills
• Rectification of errors in Wills
• Mutual Wills
• Secret trusts
• Claims regarding lack of mental capacity
• Ambiguous, home-made, and unqualified ‘will-writer’ prepared wills
• Promises made by the deceased about property and finances that have influenced an individual’s expectations and life decisions

Following a bereavement, the hope is always that the Will has been written and witnessed properly and that the estate can be distributed quickly and efficiently.

However, there are times when this is not the case and a challenge is made to the Will. This could be by, or on behalf, of a person who is named as a beneficiary or someone who is not, but feels they should be, or someone who questions the circumstances in which the Will was made.

You can challenge a Will on a variety of legal grounds, including:

• Technicalities – Sometimes a Will is incorrectly prepared or witnessed. In this case, the Will is usually deemed to be totally invalid and the estate is administered as if there is no Will in existence.
• Lack of mental capacity – In some cases, a person who has drawn up a Will is considered not to be mentally capable enough for it to be valid. Instances where this might apply include:
  • When an elderly person is suffering from dementia or Alzheimer’s disease to the point where their faculties are impaired
  • Where a person is taking strong prescription medication
  • Is dealing with substance abuse (drugs or alcohol)

In these cases, the individual may not have the capacity to make a will, or, if it has already been prepared, to fully comprehend what they are signing. The individual may not recognise this lack of capacity and the issue may only come to light after they have died.

• Lack of knowledge or approval – It can be the case that a testator (someone who has made a Will), does not know and/or understand the nature of the Will that has been signed
• Undue influence – Sometimes family members may pressure or coerce an individual making a Will to make provision in their favour or someone else’s. A Will can be rendered invalid on this ground

There are other circumstances in which you may wish to make representation against the estate of a deceased relative or friend. These include:

• Promises that may have been made during life and on which you have made significant, life-influencing decisions. You may for example have been promised ownership of the house in which you are living and therefore elected not to buy or save for another, only to find that the Will makes no such provision and that the estate does not intend to honour the promise
• Or you may have been promised a sum of money and advised not to save for a pension, only to find that the estate has other plans. The technical terms for this is Proprietary and Promissory Estoppel

Our Dispute Resolution team has extensive experience dealing with such issues and will try to find a solution as quickly and discreetly as possible.

Our experienced lawyers are members of Resolution and the Society of Trust and Estate Practitioners (STEP), both of which are specialist professional bodies that apply to these matters.

Inheritance Act claims can be brought by individuals who feel that a Will makes inadequate financial provision for them. You can bring a claim in a number of circumstances:

• Whether or not there is a Will in existence
• By a current or former husband, wife or same-sex civil partner
• By a cohabitee of more than two years
• By an adult or minor child of the deceased or other dependents

Calculating the value of a claim can be complex and will consider several elements, including the needs of the claimant, the needs of other beneficiaries and the size and nature of the estate.

• Statutory Wills – for those who lack mental capacity
• Regulation of the action of Attorneys
• Applications to deal with a patient’s assets

In some circumstances an individual may be unable to record a Will satisfactorily. They may lack mental capacity or be too ill. In these cases, it is vital that anyone involved in shaping their Will is acting in their best interests and with respect for their likely wishes.

At Morr & Co, we have extensive experience of advising on these matters and of representing vulnerable individuals. We will act to preserve their interests and wellbeing and, where necessary, protect them from financial abuse.

We are also panel lawyers for the Court of Protection and several members of our team are appointed to act as deputy for vulnerable adults, whereby they can take control of a person’s affairs, when relatives are unable or unsuitable to do so on their behalf.