It goes without saying that when a family member has sadly passed away, the impact upon relatives and friends can be tremendous. Aside from the emotional grief there are lots of things for family members to think about and take action on. When combining these factors it’s easy to see how stressful and traumatic post-death arrangements and dealings can be.
Of course, these arrangements can be difficult to deal with even when Wills and estate management are straight forward, so what if a dispute arose regarding the allocation or distribution of an estate?
In the midst of emotion and grief, issues can quickly escalate and get out of hand. Rising property value and a general increase in the value of estates generally mean that feuds can easily develop.
To complicate matters further, if you are unhappy or concerned about a will or provision made, there is only a very short time period allocated under the law in which to take action – in some cases as little as six months after a grant of probate has been issued.
Even though a Will can be contested after probate, for many reasons it is advisable to challenge a Will before probate is issued. In such circumstances it is an option for a solicitor to put a caveat on the estate to prevent assets being disposed of, thereby protecting the interests of the aggrieved party whilst legal parties can investigate and determine a fairer apportionment of assets.
Unfortunately, there are a number of areas in connection with Wills and estate allocation which can quickly become bones of contention; ranging from Wills that are lost or have mistakes, to concerns regarding the capacity of the deceased at the time the Will was made. Problems also occur when parties feel that inadequate provision has been made for them in the Will. Any of these issues have the potential to make a difficult set of circumstances following the death of a loved one even more traumatic.
Here at Farleys we have a dedicated team of solicitors who specialise in this area of law. We have a wealth of experience in assisting clients during Will disputes and can help take away some of the burden of dealing with intricate legal issues following the death of a family member. Given the short time limits involved and the potential complexities of the various areas of contention, we would recommend speaking to one of our specialist team without delay by calling 0845 287 0939 or completing our online enquiry form.