Menu
Our Litigation & Disputes solicitors advise upon all areas of contentious probate including challenges to the validity of a Will and the removal of Personal Representatives.
Contentious probate is an ‘umbrella’ term that covers disputes relating to the administration of a deceased person’s estate. This could be a dispute as to whether the last Will of the deceased person is valid or where there is dispute over the contents of the Will and to who the assets in the estate have been left and in what shares.
In basic terms, for a Will to be valid, it must comply with the Wills Act 1837. This says that a Will must be in writing and signed by the deceased in the presence of two witnesses, who also signed the Will in the presence of the deceased.
Wills can be held to be invalid if the deceased person did not have sufficient testamentary capacity to make their last Will or Codicil, if they were forced or coerced into making and signing a new Will or if they did not understand or approve the contents of their Will. Our Litigation & Disputes lawyers will advise you as to the likely prospects of success of any such challenge whether instructed to bring, or defend, a claim on your behalf. Our Litigation & Disputes lawyers will assist you from the commencement of a claim through to a final hearing, if this proves necessary, advising in relation to Alternative Dispute Resolution (ADR) where appropriate.
Our Litigation & Disputes lawyers advise beneficiaries on the role of a Personal Representative (Executor or Administrator) and whether there is any scope to remove a Personal Representative in circumstances where they are not progressing the estate administration or where there appears to be mishandling or mismanagement of estate assets.
W Davies Solicitors (Registered Office)
Acorn House
5 Chertsey Road
Woking, Surrey
GU21 5AB
W Davies Solicitors – London Office
Hamilton House
1 Temple Avenue
London
EC4Y 0HA
