Contentious Probate Claims – we can help

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.