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
“Straightforward and practical advice with very transparent pricing – a refreshing change from a solicitors! Simon Bass was both supportive legally and personally after a recent bereavement, as well as being a lovely chap with it.”
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Milners solicitors is always working to help our clients. Researching current issues and providing clear and easy to understand help.
Milners Solicitors is offering 25% off all legal fees to NHS and Key Workers for any new instructions received on or after the 22nd May 2020 until further notice.
Milners Senior Partner, Giles Ward, sees his latest article on advising businesses how to take steps to survive the COVID-19 pandemic featured in the latest issue of Pest Contol News. You can read the article here: PCN 122 Milners Article
Ben Harrison – Head of Public Law at Milners featured in the Yorkshire Post with his thoughts on the potential for a public inquiry into the handling of Coronavirus here in the UK. Read the article here: https://www.yorkshirepost.co.uk/news/opinion/columnists/public-inquiry-governments-handling-coronavirus-crisis-inevitable-ben-harrison-2851044 Public
Following Sam Stein QC and Milners Ben Harrisons letter to the Prime Minister – Boris Johnson in 2019, read the response from the Minister of the Inquiry – Penny Mordaunt here: Blood Inquiry Letter – Response
In the first of our articles, we discussed how a public inquiry into the Government’s response to coronavirus seemed inevitable. https://milnerslaw.com/uk-coronavirus-potential-for-inquiry/ In this article, we set out why a public inquiry is a legal inevitability and in doing so, we explain why we consider that the inadequate supply of personal
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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.