Probate
What is probate? Probate is
the administration of a deceased person's estate as required by law. If you are an executor of a Will you may need a
legal document called a 'grant of probate' to enable you to sort out the deceased
person's affairs. If there is no Will a
close relative can apply for a ‘grant of letters of administration'.
Probate Litigation
Contesting a Will A claim can be brought against the estate of a deceased
whether or not there is a Will. The Inheritance (Provisions for Family and
Dependants) Act 1975 empowers the Court to vary the dispositions effected by the Will or intestacy of persons who died
domiciled in England and Wales.
A Claimant must show that the deceased's Will
or intestacy did not make reasonable financial provision for him or her:
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- If a person dies leaving a Will that
excludes you then you may be able to bring a case to show that you ought to be
able to receive a legacy from the estate of the deceased;
- If a person dies without leaving a Will,
the rules sometimes (particularly with extended families) result in members of
the family being excluded from benefitting from the estate;
- If the Will results in a distribution of
the estate which is contrary to the wishes of the deceased, there may be a
claim against the professional advisor;
- If the Will was made under Duress, or
without the appropriate capacity.
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The SN Law Team is here to handle your case sensitively and to guide you through the process. Call us today on 0800 1814255 to arrange a free meeting or call into the FREE Legal Clinic on Thursday.
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