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Newcastle Solicitor - Contesting a Will or Estate: Probate Litigation

Probate Litigation

Hutharts Law boasts a range of experience in dealing with a multitude of will dispute/litigation cases. As contentious probate lawyers, we understand our clients' sensitivity and we will provide a realistic assessment of your case at an initial FREE consultation. Wills can be disputed for a number of reasons, including:

  • Lack of proper execution of the will
  • Lack of capacity (allegation that deceased was not capable of making a valid will)
  • Lack of knowledge and approval
  • Undue influence and fraud 
  • Forgery
  • Applications to remove or replace executors
  • Applications to rectify wills
  • Trusts & charity disputes
  • Claims under the Inheritance (Provision for Family and Dependants) Act 1975 – a claim that inadequate provision has been made in a will or if no will was made, under the Intestacy rules
  • Procedures for preventing assets being distributed pending resolution of concerns or a dispute (known as entering a caveat)

Hutharts: Gateshead's Probate Litigation Experts

At Hutharts we understand how emotionally draining probate and will litigation can be. It is often a lengthy and convoluted process. However we deliver a personal, friendly and empathetic service, with your individual needs our first priority at all times.

One of the areas of probate/will disputes that Hutharts boasts an exceptional level of expertise in is the scenario in which a will has made no provision for a close relative/dependent. A claim for reasonable financial provision can be made pursuant to the Inheritance (Provision for Family and Dependents) Act 1975. To bring such a claim, it will need to be issued within 6 months of the date of the Grant of Representation and ensure that one of the following applies:

  • You were married to the deceased (but if you divorced under a Clean Break Order you cannot apply); or 
  • You were an unmarried partner of the deceased and lived with him/her for more than 2 years (this includes same sex couples) prior to death; or 
  • You were a child of the deceased or treated as a child of the family; or 
  • You were a dependant of the deceased, for example, if the deceased was paying maintenance to you.

We are able to provide our clients with guidance on how best to manage litigation challenges. Our service is one of clarity. We will explain and update you on the costs potential of your case to enable you make the right decisions for you. All litigation documents at Hutharts are drawn-up with concision and specificity, and we endeavour to ensure you understand wvery step in the process of your will and probate litigation/dispute case.

FAQ

Testimonials

 We were very impressed with the service we received. All staff were very friendly and helpful. They did not tire of my constant phone calls! 

Mrs L Carnegie, Conveyancing Client

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