Being involved in a dispute over the legality or contents of a Will or the conduct of Probate is highly stressful. These disputes require both sensitivity and practical advice to help you make informed decisions.

Our specialist Wills and Probate Dispute Resolution Solicitors in Nottingham and Nottinghamshire combine compassion with firmness to resolve arguments quickly and cost-effectively. We advise and represent individuals, families, and Executors, ensuring a robust approach that is also empathetic.

We are a diverse, multi-lingual law firm based in Nottingham, using best-in-class technology to provide streamlined, effective advice and representation. Our extensive experience and reputation for excellence are enhanced by our connections with the UK’s best Barristers, King’s Counsel, Forensic Accountants, Industry Experts, Insolvency Professionals, and Surveyors. We can also instruct the country’s most respected expert witnesses when needed.

Grounds for Challenging a Will

Most Will challenges are settled out of court. While English law generally allows individuals to leave their property to anyone, certain circumstances justify a challenge:

• The Testator lacked mental capacity when executing the Will.
• Fraud or undue influence influenced the Testator’s provisions.
• The Will is not legally valid.

Our contentious Wills and Probate Solicitors will examine your claim, advising on whether it is worth pursuing and the best steps to take. We strive to settle disputes through negotiation or mediation wherever possible.

Claims Under the Inheritance Act 1975

The Inheritance (Provision for Family and Dependants) Act 1975 allows specific individuals to claim if not adequately provided for in a Will. These include:

• Spouses and Civil Partners
• Former spouses
• Children (including adult and estranged children)
• Individuals treated as children by the deceased
• Cohabitees
• Dependents

The Court considers the Claimant’s and Beneficiaries’ financial circumstances, the estate’s size, the deceased’s obligations, and other relevant factors. Claims must be brought within six months of the Grant of Probate, though late claims may be considered at the Court’s discretion.

Removing an Executor

An Executor, appointed in the Will, administers the estate and applies for Probate. Negligence or dishonesty can lead to their removal. Grounds for removal include:

• Delays in preparing/applying for Probate
• Unlawfully transferring assets
• Selling property below market value without reason
• Failing to distribute assets as per the Will
• Dishonest actions

Our solicitors represent both Executors and Beneficiaries in disputes, aiming to resolve issues non-litigious methods, but will act swiftly to remove an Executor if necessary.

Why Choose Us?

People choose and recommend us for our ability to get results, often settling disputes outside of Court. Our contentious Wills and Probate Solicitors ensure you understand your options and receive the best advice to protect your interests.

Smalleys Solicitors provides exceptional Wills And Probate Disputes and Civil Litigation services to clients. People choose and recommend us not just in Nottingham, Arnold, Hucknall, Derby and Mansfield, but across Nottinghamshire, Derbyshire, Leicestershire & the East Midlands, and the whole of the UK, because we get results.

To receive expert advice and representation regarding Wills And Probate Disputes and Civil Litigation, please contact us using the form below, call us on (0115) 955 6555, email via the Request a Callback form on this contact page.