Challenging an Estate

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;

  1. 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.
  2. 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.
  3. 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
  4. The Will may not be valid – there are special rules which apply to the signing and witnessing of Wills