Inheritance, Wills and Probate Litigation

Our senior solicitors specialize in drafting Wills and managing probate matters. To ensure a personalized service, we also make home visits to take instructions directly from clients.

In the unfortunate event of a dispute following a death, family members and friends often struggle to determine whether their loved one had a Will. Even when a Will exists, its validity can be contested, or underlying family disputes may lead to challenges regarding the Will or requests for the removal of an executor with the court’s permission.

Before we proceed, we will gather essential background information with your assistance. Such issues are likely to result in litigation, and we approach these cases with tact and diplomacy to achieve the best possible outcome for you.

We also provide advice on the creation and protection of trusts and charities. Only a legally enforceable Will can ensure that an estate is distributed according to the deceased’s wishes.

If court proceedings become necessary, we will inform you about our costs, your entitlements, and the likely outcomes of such actions, guiding you towards the best possible resolution.

To avoid pitfalls related to complex laws, we will conduct various checks and make photocopies of relevant documents for our office records. We are committed to educating you throughout the process to ensure you stay on the right path.

Our senior litigators will handle your case with professionalism, maintaining the confidentiality and privilege of your information throughout the process.

To assist us in your case, we will ask for the following:

  1. A chronology of events.
  2. Documents translated into English by professional translators.
  3. Photographic identification, proof of address, and the same information for your witnesses.
  4. Photos of any assets, along with proof of purchase.

By combining the expertise of our experienced litigation and private client teams, we ensure that you receive comprehensive advice regarding contentious probate matters, removal of executors, inheritance issues, and disputed Wills.

To proceed with our services, please follow these steps:

  1. Initial Contact: Reach out to us via phone, email, or our online inquiry form to discuss your needs and schedule an appointment.
  2. Consultation: During the initial consultation, you will have the opportunity to meet with one of our senior solicitors. Please bring all relevant documents, including any existing Wills, identification, proof of address, and any pertinent correspondence.
  3. Information Gathering: We will collect background information and discuss your situation in detail. This may include asking you for a chronology of events, documents that need translation, and any evidence regarding assets.
  4. Legal Advice: Based on the information provided, we will offer tailored legal advice regarding your case, including the next steps, potential outcomes, and our fee structure.
  5. Preparation of Documents: If necessary, we will assist you in preparing any required legal documents, such as Wills, trusts, or court applications.
  6. Ongoing Support: Throughout the process, we will keep you informed about progress and provide updates on your case. We will also guide you through any legal proceedings that may arise.
  7. Review and Finalization: Once we have all the necessary information and documentation, we will review your case and help finalize any agreements or court submissions.
  8. Follow-Up: After the conclusion of your case, we will ensure that you understand the outcome and any further actions that may be required.

If you have any specific questions or concerns, feel free to mention them during your initial contact or consultation. We are here to support you every step of the way.

The duration of handling your case depends on its complexity and the specific legal matter involved. Here’s a general timeline for the key areas we handle:

  1. Wills and Probate:
    • Drafting a Will: Typically, 1 to 2 weeks, depending on the complexity of your assets and estate planning needs.
    • Probate: The probate process usually takes between 6 to 12 months. If there are no disputes, it can be closer to the 6-month mark, but if there are disputes or complex estates, it can extend beyond 12 months.
  2. Contentious Probate (Disputes over Wills):
    • Initial Assessment: Within 2 to 4 weeks, we will gather the necessary documents, assess the case, and provide initial advice.
    • Litigation: If a dispute escalates to court, the process can take several months to over a year, depending on court schedules, the complexity of the dispute, and whether the case is resolved through mediation or goes to trial.
  3. Removal of Executors:
    • Preparation and Filing: Once all necessary documents are gathered, the application for the removal of an executor can be submitted within a month.
    • Court Decision: This can take 3 to 6 months or longer, depending on the complexity of the estate and the court’s availability.
  4. Trust Creation and Charity Advice:
    • Trust Creation: Setting up a trust typically takes around 2 to 4 weeks once all the required documents and information are available.
    • Charity Setup: Establishing a charity can take several months, including the approval process by relevant regulatory authorities like the Charity Commission.

We will keep you informed at every step, and you will receive updates on the timeline specific to your case. If there are urgent matters, we will prioritize those accordingly.

To proceed with your case, here are the next steps:

  1. Initial Consultation:
    • Schedule a Meeting: Contact us to arrange a convenient time for an initial consultation, either in person or remotely.
    • Gather Documents: Bring or send us the necessary documents, such as the Will, proof of identity, proof of address, and any other relevant materials (e.g., assets information, details about disputes, if any).
  2. Review and Case Assessment:
    • During the consultation, we will review the details of your case and documents and provide initial advice on the legal steps involved.
    • We will ask for a chronology of events and discuss your goals to ensure we tailor our approach to your specific needs.
  3. Cost Estimate and Retainer Agreement:
    • We will discuss the costs involved, including our fee structure and any potential court or third-party fees.
    • You will be provided with a Client Care Letter outlining our services, fees, and terms of engagement. You’ll need to review and sign this to formally instruct us to begin work on your case.
  4. Document Preparation:
    • If relevant, we will start gathering additional evidence (translated documents, witness statements, asset photos, etc.).
    • For Wills or probate cases, we will begin drafting or filing the necessary legal paperwork.
  5. Proceed with Legal Action:
    • Once all the necessary preparations are complete, we will initiate the legal proceedings. This may involve filing documents with the court, initiating trust or probate proceedings, or starting negotiations with any involved parties.
    • If any disputes arise, we will advise on the best course of action, including mediation, settlement, or litigation.
  6. Regular Updates:
    • We will keep you updated throughout the process, whether it’s via email, text message, or phone calls, so you are always informed about the status of your case.

If you’re ready to proceed, the first step is to schedule your initial consultation. Let us know a convenient time, and we will assist you with the rest.

To proceed with your case, you will need to provide the following documents:

1. Identification Documents:

  • Photo ID: Passport, driver’s license, or other government-issued identification.
  • Proof of Address: Utility bill, bank statement, or other official document dated within the last three months.

2. Documents Related to the Will/Probate:

  • The Will: If a Will exists, please provide the original or a certified copy.
  • Death Certificate: A certified copy of the deceased’s death certificate.
  • Grant of Probate (if applicable): If probate has already been granted, provide the Grant of Probate.
  • Details of Executors/Trustees: Names and contact details of any appointed executors or trustees.
  • Correspondence Related to the Estate: Any letters or emails from solicitors, executors, or others involved in the probate process.

3. Asset Information:

  • Details of the Estate: Include information on properties, bank accounts, investments, pensions, or other significant assets.
  • Proof of Ownership: Copies of deeds, titles, or other documents proving ownership of assets.
  • Valuation Reports: If you have had assets valued (e.g., properties, personal items), include those reports.

4. Dispute-Related Documents (if applicable):

  • Evidence of Disputes: Any correspondence or documentation related to challenges against the Will, disputes among family members, or claims made against the estate.
  • Court Documents: If there are ongoing legal proceedings, include copies of court filings, summonses, or orders.

5. Financial Documents:

  • Mortgage Statements: If there are properties involved, provide recent mortgage statements.
  • Bank Statements: For the deceased’s accounts, provide recent statements.

6. Translation of Documents:

  • If any documents are in a language other than English, you will need professionally translated copies.

7. Witness Information (if applicable):

  • Witness Statements: If there are witnesses to the signing of the Will or events related to the case, provide written statements.
  • Witness Identification: Photo ID and proof of address for witnesses, if required.

These documents will help us assess your case thoroughly and ensure all legal aspects are covered. If you are unsure about any of the documents, please feel free to contact us for clarification.

We can arrange a meeting at your earliest convenience. Please let me know your preferred date and time, and I will ensure we schedule an appointment that works for you. If you would like, we can also accommodate evening or weekend meetings if that suits you better. Additionally, if it is more convenient for you, we can arrange a virtual meeting or come to your location.

Once we confirm, I’ll provide further details regarding the meeting.

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