Grimsby Contentious Probate Solicitors

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Grimsby Contentious Probate Solicitors

For peace of mind

Losing a loved one is one of the most difficult experiences you'll face, and when disagreements arise about their estate, it can add an additional layer of stress to an already emotional time. You may feel that the will doesn't reflect the true wishes of the person who died, that there are mistakes in the document, or that you haven't been sufficiently provided for. In any of these cases, it's important to understand that there are legal steps you can take.

At Switalskis, we understand the emotional toll of will disputes. Our team helps people in Grimsby and the wider North East Lincolnshire area with a range of services relating to contentious probate. In everything from challenging wills to defending them, our Grimsby solicitors provide advice and support to resolve disagreements quickly and fairly. We prioritise informal approaches wherever possible, and work to end disputes in a way that preserves relationships, where family circumstances allow.

If you need help with a legal dispute after a death, our contentious probate solicitors are here for you. Call Switalskis on 0800 138 0458 or contact us through the website to start a conversation with our friendly team.

If you need advice on a probate matter, our probate specialists can help. Call us on 0800 138 0458 or contact us through the website for an initial consultation.

There are various types of contentious probate matters we deal with:

Contact our Grimsby office

Less than a mile from the train station, our office is in the Alexandra Dock Business Centre, opposite the Grimsby Fishing Heritage Centre on the River Freshney waterfront.

Contact our Grimsby office

Alexandra Dock Business Centre
Fisherman's Wharf
Grimsby
DN31 1UL

How to find us in Grimsby

Less than a mile from the train station, the Alexandra Dock Business Centre is opposite the Grimsby Fishing Heritage Centre on the River Freshney waterfront.

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Read what our clients had to say about the help they received from Switalskis

How Switalskis can help

Switalskis has a dedicated contentious probate service and the expertise to handle even the most sensitive probate matters. We assist clients with a wide range of disputes relating to wills, trusts, and how estates are managed. Because we know that every family is different, we provide clear advice based on your individual circumstances and the outcomes you want to achieve.

Our solicitors will work closely with you from the start of the process to understand the history of the estate and the nature of the dispute. We can support you to:

  • challenge the validity of a will based on lack of mental capacity or undue influence.
  • make claims under the Inheritance (Provision for Family and Dependants) Act 1975 ("Inheritance Act"), for those who were dependent on the deceased and haven't been allocated reasonable financial provision.
  • resolve disagreements between executors and beneficiaries.
  • deal with estate administration when someone dies without a valid will (under the rules of intestacy).
  • handle disputes involving lasting powers of attorney or a person’s own finances before they passed away.
  • apply to the court for a decision where the wording of a will is unclear or contains mistakes.

We aim to resolve most cases through negotiation or mediation, which is more cost effective, preserves family relationships and prevents the stress of a courtroom. However, if court proceedings are necessary, we'll stand by you and protect your interests throughout. Switalskis advises on all aspects of contentious probate, from will disputes to contentious trusts, and can work towards the best possible outcome for your situation.

If you need advice on a probate matter, our probate specialists can help. Call us on 0800 138 0458 or contact us through the website for an initial consultation.

Inheritance Act claims

The Inheritance Act 1975 allows certain people to claim for reasonable financial provision from an estate. This may happen when a person was financially dependent on the deceased but didn't receive financial provision that reflected this arrangement, or were left out of the will entirely. This act can also be used to make a claim if there was no will at all and the intestacy rules don't provide enough for a relevant surviving person.

The spouse, civil partner, or child of the deceased can usually make an Inheritance Act claim, as can someone who lived with the person for at least two years before their death. When the court looks at Inheritance Act claims, they consider your financial needs, the size of the estate and the needs of other beneficiaries to reach a fair outcome. As such, working with an experienced solicitor to build a strong claim is crucial.

We've helped many people in Lincolnshire secure their future through these claims. We focus on providing a compassionate approach that puts your needs first. We'll help you understand if you have a valid claim and what the likely outcome will be from the outset, so you can make decisions with confidence.

Disputes with executors and trustees

An estate's executors are the people who have been named in the person's will and given the responsibility to deal with the estate. The role comes with legal obligations, and disagreements can arise if executors fail to carry out their duties, mismanage the estate, or cause unnecessary delays.

Beneficiaries have the right to expect that estate administration will be handled professionally, and there may be legal options available if the executor:

  • takes too long to sell a property or distribute funds.
  • undervalues property or other assets when selling them.
  • does not keep accurate records of the estate's value.
  • favours one beneficiary over another.
  • uses estate assets for their own benefit.

If you feel the estate's being mismanaged, we'll help you hold the executors to account. In some cases, you can apply to the courts to have an executor removed and replaced. Trustees, who are responsible for looking after any assets held in a trust (usually on behalf of beneficiaries under the age of 18) have similar responsibilities, and Switalskis can advise you of your legal options if you have concerns.

Contentious probate FAQs

What are the legal grounds for will disputes?

There are several legal grounds for contesting a will. One of the most frequent is the argument that the person who made the will lacked the mental capacity to do so - in other words, the person didn't fully understand what they were doing at the time. This could be because they were suffering from a condition like dementia, which meant that they didn't understand the extent of their assets or the effect of the will.

Another common issue is undue influence, where there is evidence that someone pressured the testator into changing their will. We also deal with claims where a will hasn't been signed or witnessed correctly, and is therefore invalid, or where the document may have been subject to forgery or fraud.

Sometimes, the dispute isn't about the will itself but how it's being executed. If executors aren't managing the estate correctly or are slow to distribute assets, beneficiaries can take action. Whether you're a beneficiary or an executor, Switalskis can provide the clear advice you need to resolve these probate matters.

Is there a time limit for contentious probate?

Time is a critical factor in contentious probate matters. If you want to make a claim under the Inheritance Act, you generally only have six months from the date on which the grant of probate is issued. If you miss this deadline, it can be very difficult to bring a claim, and the court will only allow late claims in very specific circumstances.

Other types of will disputes, such as challenging the validity of a will, don't have a strict limit, but once assets have been distributed to beneficiaries, it's much harder to get them back, which can limit your legal options. Contacting a solicitor as soon as you have concerns is the best way to protect your rights, as early intervention can prevent the need for court proceedings later on.

Why Switalskis?

The contentious probate team at Switalskis offers a personalised service based on your specific needs and a full consideration of your legal position. As a full-service law firm, we draw in the expertise of our wider team to deliver comprehensive services based on the following:

Clarity in complexity

The law around wills and estates is applied strictly, which can make it difficult when there are things you don't understand. Switalskis is committed to explaining the process in plain English, breaking down any legal terms and answering questions throughout the process, to make sure you understand every option available to you.

Empathy at every step

Switalskis will provide emotional support alongside our legal guidance, because we know that legal disputes between family members can be stressful and emotional. We aim to reach a resolution that allows you to move forward and preserve family relationships where possible.

Expertise you can trust

Our team has a track record of success in contentious probate and inheritance claims. Our experience in handling contentious probate matters in Grimsby and the wider Lincolnshire area means that we know how the court handles these matters, and what you need to get the best possible result.

Championing your rights

You have the right to be treated fairly and to have your voice heard during the probate process and any related legal action. We'll make sure the law is applied correctly to your case and advocate for you at every stage of the process.

Find out how Switalskis can help you

If you're considering contesting probate and want to know the best way to go about it, our contentious probate team is here to offer advice that's tailored to you.

Give our specialist contentious probate team a call on 0800 138 0458 or send us a message through our website to get things moving.

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