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Contentious probate
Choose Cleaver Thompson Solicitors in Alfreton and Clay Cross.
Understanding and expert team on legal probate matters
Grieving for the loss of a loved one is extremely stressful, and dealing with legal and financial matters is the last thing on your mind. Fortunately, our understanding and expert team can help with all legal probate matters.
DISPUTING A WILL
Contentious probate arises when someone wishes to dispute the terms of a Will. They often happen because someone is unhappy with the distribution of finances, property or other assets. The many issues covered may include:
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Revocation of a Will
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Undue influence
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The capacity of the person drawing up the Will
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Claims against the estate
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Fraud and forgery
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Proprietary estoppel – where someone has reasonable cause to believe they will inherit land and no land was granted
Who can bring a claim
Anyone can bring a contentious probate claim – a family member or beneficiary, or anyone who thinks they have a right to inherit. Many of these disputes can be resolved via mediation and negotiation between the relevant parties, though litigation may be required if no other solution is found. Someone may believe that the person making the Will was under undue influence, or lacked the mental capacity. Other reasons may be that the Will doesn’t meet legal requirements, or that it has been forged.
Cost and who pays the bill
How much the conscious probate will cost depends on many factors, including the length and complexity of the case and any legal and court expenses. Who is liable to pay for the conscious probate depends on the outcome. The estate may have to pay the fees, or the unsuccessful party. We will advise you of the risks and possible costs and fees involved at every stage of the process.
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ARE YOU CONSIDERING OR DEALING WITH A CONTENTIOUS PROBATE CLAIM?
Trust the experts in probate law at Cleaver Thompson Solicitors in Alfreton and Clay Cross. We can also help you with compromise agreements, plus dismissal, resignation and redundancy.
ALFRETON OFFICE
5 & 7 King Street, Alfreton, Derbyshire, DE55 7AE
Tel: 01773 301858
CLAY CROSS OFFICE
6a Eyre Street, Clay Cross, Derbyshire, S45 9NS
Tel: 01246 865048