What is contentious probate and what does it mean to me?

by EdwardHandsandLewis on June 4, 2013

1176p Frances Jacobs from Edward Hands and Lewis

Contentious Probate claims are one of the biggest areas of litigation and put simply, are claims challenging the validity of a will when the testator passes away and in some cases, the distribution of the assets in the testator’s estate.

The effect of a contested probate claim on beneficiaries and executors cannot be underestimated and can be brought on many grounds, including:

–          a failure to comply with the ‘Golden Rule.  This is the duty on the person who drafted the will to check the testator’s capacity to ensure the will is valid;

–          delays in the preparation of the will to the detriment of the testator and /or beneficiaries;

–          undue influence on a testator by a party benefiting from the will;

–          failure to validly execute the will.

It is never easy to make the decision to challenge a deceased’s will; however it is important for those considering the same to obtain advice to protect their position in respect of pursuing a potential claim.

If you are in a position where you are unsure whether you are able to challenge a deceased’s will, contact us for a no obligation discussion on 0800 999 8880.

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www.ehlsolicitors.co.uk Edward Hands & Lewis is a firm that has evolved over time with a commitment to its core values. We have never forgotten that we are here because of our clients who have supported us over many years. We are proud to be at the heart of the communities in which we serve and we are equally proud of the team that we have to provide such service. We aim to provide value for money with a commitment to good, clear and concise advice. We take the time to ensure that our advice and assistance matches your goals. Unlike many professional services organisations, brevity and helpfulness are our watchwords. The agile and creative minds of the people we employ equip them to advise the same client on a diverse range of matters. This multi-specialism makes our lawyers and advisors expert on a range of the legal and other issues affecting their clients’ business. The strength and depth of our client relationships avoids wasted time and cost: it enables us to keep up to speed on business and sectoral developments and there is no need to field large teams of experts as a matter of course. While we have been established for many years, we pride ourselves on forward-thinking and believe we have achieved the right blend between traditional and modern. Whether you are an existing client of ours, are about to become a client or are looking to join us, we sincerely hope that your experience is a positive one.

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