Contesting Wills and Probate in the UK
In England and Wales, there are no forced heirship rights like many overseas jurisdictions which might otherwise compel an individual to leave property to a particular person. An individual whose permanent home is in the UK is generally free to leave their UK estate to whomever they wish, but this is not without issues.
Problems can arise with the interpretation of an English will and certain categories of people, even those based outside of the UK, can make a claim against a UK estate if no reasonable financial provision has been made for them by an English Will or the Intestacy Rules of England and Wales. Often, disputes involving the administration of a UK estate or trust can arise.
For executors, trustees and beneficiaries who are foreign and involved in a contested English will or Probate action, the English legal process can be very stressful and confusing.
We can help to provide you with:-
- Advice on how to contest a Will in England
- Advice on Inheritance Act claims
- Advice on the interpretation of Wills
- Advice on disputes between executors and beneficiaries
- Advice on disputes between trustees and beneficiaries
- Advice on disputes disputing lifetime gifts
- Advice on challenging estate administrations, including challenging costs and recovering debts
Examples of recent work with regards to contested wills and probate in England include:-
- Advising an Executor on a claim brought against the UK estate by a Moldovan child on Intestacy.
- Advising US beneficiaries of a multi jurisdictional estate involving a claim against the UK estate; and
- Advising the beneficiaries of a US estate against actions of a UK Executor and a dispute about the administration of assets in the US and South Africa.
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Clive Pointon
Partner & Head of Wills, Trusts & Tax |