Contentious Probate Claims – we can help

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Acting as executor to an estate can be a minefield at the best of times. It is a huge responsibility. But if there is any legal claim against the estate then this becomes particularly problematic for those that are the executors. This is where our Dispute Resolution Department can advise, assist and represent the Executor(s) to guide them through this difficult time.

What sort of claims can arise?

Executors may need to:

• Defend a claim brought against the estate regarding disputes about ownership, alleged monies/debts owed by the deceased or a claim for reasonable financial provision under the Inheritance (Provision for Family & Dependants) Act 1975.
• Pursue a claim on behalf of the estate to recover loans or set aside property transfers made under duress during the deceased’s lifetime.
• Respond to allegations of fraud, undue influence or maladministration of the estate
• Defend or explain the validity of a Will.

We can provide essential legal advice and representation in these circumstances.

Executors must always act in the best interests of the estate and beneficiaries so taking independent legal advice before pursuing risky litigation is essential. It may be necessary to make an application to the Court for guidance and permission on the best way forward in relation to the administration of an estate where there is a dispute or claim. This is called a Beddoe application under part 64 of the Civil Procedure Rules – so called after the legal case of Re Beddoe [1892] that stated an executor who:

“without the sanction of the court, commences an action or defends an action unsuccessfully does so at his own risk as regards the costs, even if he acts on counsel’s opinion”

As an Executor do not take the risks alone – instruct us to advise and represent you and if necessary to make a Beddoe application on your behalf to ensure that you do not have personally liability for your actions as Executor.

New Partner Announcement

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Adams Harrison with offices in Saffron Walden, Haverhill and Sawston, are pleased to announce that Roslyn Sweeney has joined the partnership.
Roslyn qualified as a solicitor in 2003 and has worked in the Cambridge area for over 20 years, specialising in Residential Conveyancing. Roslyn joined the practice in 2024, based at the Sawston office and has been an integral part of our busy Residential Department. Prior to joining Adams Harrison Roslyn was a Partner at a Top 60 UK law firm. Prior to that, she co-founded and ran a successful law firm, having previously gained extensive experience at two other leading regional practices. This background has given her a deep understanding of the property market across Cambridge and the surrounding areas.

On joining the partnership Roslyn said “I’m proud to have been appointed a Partner at Adams Harrison. It’s a privilege to serve our local communities and I look forward to contributing to the continued excellence of our client service.”

Jennifer Carpenter, Managing Partner said “We are delighted to have a solicitor of Roslyn’s calibre join the partnership. I look forward to working more closely with Roslyn and the valuable contribution to the partnership I know she will bring”

Adams Harrison can be contacted at any of their three offices for assistance in with your residential conveyancing requirements.

2025 Christmas Charity Cheque Presentation to Arthur Rank Hospice Charity

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Roslyn Sweeney, Partner and Residential Conveyancing Solicitor presented Sophie Marriage of Arthur Rank Hospice Charity a cheque for £200 on Monday 8th December. Every Christmas, instead of sending Christmas cards to our clients and contacts, staff select a charity local to each office to receive a donation. For Sawston office this year the chosen charity was Arthur Rank Hospice Charity.
You can find out more about Arthur Rank Hospice Charity here: https://www.arhc.org.uk/

 

2025 Christmas Charity Cheque Presentation to Memories are Golden Community Hub

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Jennifer Carpenter, our Managing Partner, visited the Memories are Golden Community Hub in Haverhill this morning to present Kelly with a cheque for £200. Every Christmas, instead of sending Christmas cards to our clients and contacts, staff select a charity local to each office to receive a donation. For Haverhill office this year the chosen charity was Memories are Golden Community Hub. You can find out more about Memories are Golden Community Hub here: https://memoriesaregolden.co.uk/

DAY ONE EMPLOYMENT RIGHTS BEEN ABANDONED

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We have previously reported that the Employment Rights Bill would give all employees day one employment rights to not be unfairly dismissed.  Currently in most circumstances it is necessary to have two years complete and continuous service with an employer to be eligible to claim unfair dismissal.

In order to get the Employment Rights Bill through to Royal Assent the Government has decided to proceed with what it has described as a “compromise” whereby the current two year qualifying period will be reduced to six months.  There will still be situations where no qualifying period is required at all, for example automatically unfair dismissals.

It has also been reported that the compensatory award cap (currently a year’s gross salary or £118,223, which ever is lower) is to be “lifted”.  It is unclear whether this means increased or removed entirely.  Therefore, further information is awaited.

Follow us for further updates.  Contact us for all employment law advice and representation.