The area of law which deals challenging a Will or the allocation of assets when someone dies is known as contentious probate. At MKB solicitors we appreciate that challenging an estate often raises arguments within a family which can be emotionally charged.
Our contentious probate team can advise on the best course of action at what is often a difficult time.
When someone dies their net assets (known as the estate) are distributed either in accordance with a Will or (if no Will exists) under the laws of intestacy.
Even where a Will exists challenges can be made, for example;
- Even if you have not been provided for under a Will – the law allows for people financially dependent on the deceased to make a claim.
- You had been promised money in the Will but you are not a beneficiary – this may raise issues about testator’s (the person making the Will) mental ability to do so or undue influence by a named beneficiary – perhaps one who is unexpected.
- The person or people responsible for dealing with the estate (known as the executors) are not doing so properly. A beneficiary under the Will can ask for an explanation from the executor and in certain circumstance ask the Court for their removal and replacement
- The Will may not be valid – there are special rules which apply to the signing and witnessing of Wills