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private > contentious probate
Kirwan’s private client team have acted in a number of cases in the area of Contentious Estates, providing expert advice in this complex area of law.
The process of challenging a will in terms of its validity or content or indeed the administration of an estate generally, is only available to certain persons and then only after the demise of the Testator. Civil action cannot be brought during that person’s lifetime.
Many people do not make a will (intestacy), which then means that a person can die intestate and thus make no provision for the disposal of their estate. In that event the law provides for the net estate to pass to relatives. This can be relatively straightforward in some cases, however in others it can lead to litigation by the deceased person’s family. There are other persons not necessarily related who by virtue perhaps of dependency on the deceased during his/her life time may also be able to challenge the estate and make a claim. In the event that there are no living relatives or other claimants then the estate will pass to the Crown.
At Kirwans, we act for all parties including executors, beneficiaries and claimants. Many disputes surrounding the administration of an estate can often be resolved using mediation, which is always advisable due to the cost implications of attending Court.
We would advise anyone considering making a claim against an estate to seek our expert legal advice to see whether or not they will be able to challenge the will or estate etc. For more information please call David Kirwan or John Paul Dennis on 0151 677 3433. Alternatively email dsk@kirwanssolicitors.co.uk
