THE number of people mounting a legal challenge to a loved one’s will is on the increase – across Yorkshire and the wider UK.
Official court figures revealed that there was a six per cent rise last year in the number of people disputing the bequests of a family member of friend. There were over 8,000 cases attempting to block probate.
This is a legal process commonly known as contested probate (or contentious probate).
According to a national survey, as many as one-in-four of us would take legal action if we were unhappy with a relative’s dying wishes on how they distribute their assets. Analysts put this down to the intricacies of modern life and rising property prices.
As our article on the spike in contested probate cases highlighted, it is a scenario that doesn’t just grip the nation in TV’s Coronation Street – it’s very much part of everyday real life too. coronation street
Hardly a day goes by without picking up a newspaper or turning on the TV to see a family dispute over a will hitting the headlines
Here’s the expert view of our contested probate team on a recent high-profile test case: here
Whether you are making or defending a claim, our offices in Leeds, Harrogate and Pontefract have a team of solicitors who specialise in all forms of contested probate.
This legal expertise includes:
We also offer expert legal advice when it is alleged a deceased person did not to have had the mental capacity to manage or make an informed decision about their financial affairs, and did not complete a Lasting Power of Attorney.
You can find out more about the importance of Lasting Powers of Attorney here: here
By their very nature, contested probate claims can be large and complex, and present their own set of unique challenges. Sadly, they can also give rise to further family fall-out and feuds.
Our contested probate team take these challenges and sensitivities on board to ensure that the legal process for making or defending a claim follows the smoothest path, and achieves the best possible outcome for
Aside from a few restrictions, people in the UK are largely free to leave their assets to whoever they like.
This is in contrast to large parts of Europe, where laws of succession make it virtually impossible for French parents, for example, to disinherit a wayward child.
However, without proper legal advice many people make elementary mistakes when writing their wills, which may trigger a challenge from other potential beneficiaries further down the line.
Inheritance tax law and inheritance tax planning is also a specialist area for Milners – from writing a will, through to establishing a trust to protect a loved one’s inheritance. You can find out more about our inheritance law team here: here
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Milners solicitors is always working to help our clients. Researching current issues and providing clear and easy to understand help.
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Leeds-based solicitors, we also have offices in Harrogate and Pontefract but operate throughout Yorkshire and further afield.
Let’s work together.
At Milners solicitors we offer a free initial consultation where you can speak to a member of our specialist team.