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.

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.

Legal Update – The Renters Rights Act

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It has now been announced that the Renters Rights Act will have a commencement date on the 1 May 2026.

What does this mean?

From the 1st May 2026 the tenancy reforms in Chapter 1 of Part 1 of the Renters’ Rights Act will come into effect which means existing and new tenancies will come under the new rules meaning an end to fixed term tenancies.

All Assured Shorthold Tenancies will become Assured Periodic Tenancies. Any fixed terms will become periodic and no further fixed terms tenancies will be able to be granted.

The government have introduced an Implementation Roadmap which provides an overview of the implementation plans for the coming years. It includes detail on how they will phase the reforms and when they will come into force.

Implementing the Renters’ Rights Act 2025: Our roadmap for reforming the Private Rented Sector – GOV.UK

For more information and advice on this and how this may affect you please contact our Property Litigation Team at [email protected]

50 years of The Inheritance (Provision for Family and Dependents) Act 1975

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For half a century this legislation has now been in place enabling many individuals to challenge a Will or the intestacy rules and bring claims against an estate (the money, property and assets left when someone dies).

What does the Act say?

The Act enables certain eligible persons to bring a claim under the Act for “reasonable financial provision” if they are disappointed by the terms of a Will or how the intestacy rules will be applied in their circumstances.

The Act limits the type of individuals that can bring a claim.  But the Act has evolved over the years to adapt to modern society and therefore the inclusion of cohabiting couples was added in much more recent years.

Who can bring a claim under the Act?

The following are eligible to bring a claim under the Act: –

  • Spouse
  • Former spouse
  • Cohabitees that have lived together for at least two years before the death as if they were a married couple
  • Children of the deceased – whether they are minors or adults
  • Those treated as a child of the family
  • Anyone that was financially dependent on the deceased

How are claims dealt with?

The Courts, when dealing with these types of claims, have the difficult job of attempting to achieve a balance between maintaining testamentary freedom (ensuring someone’s last wishes in a will are met) against the need to assist those that have a financial need that has not been met.  Case law has established guidance on how these claims should be dealt with, but no case is the same and it is difficult to predict the outcome.  The Courts have wide discretion as to the Orders they can make and everyone’s claim will be different.

How can we help?

In our dispute resolution department, we deal with a range of contentious probate matters. We help and represent executors/administrators having to deal with claims being made against the estate, beneficiaries that could lose their inheritance as a result of a claim made; and also, eligible individuals to bring a claim where inadequate financial provision has been made for them on the death of a relative or loved one.

If you consider you may have a claim against an estate it is important to receive legal advice as soon as possible as there are strict time limits for the bringing of claims under the Act.

Examples of some of the types of cases we have dealt with: –

  • An adult son as Claimant disinherited in parents’ Wills where brother inherited entirety of late father’s estate.
  • A claim by a stepson against stepmother’s estate as she had previously inherited the client’s late father’s estate, but no provision had been made for him in either Will.
  • A claim by the wife of the deceased as Will changed by husband upon their separation that made no provision for her.
  • Represented Executors in a claim where daughter of the deceased questioned the provision made for her in the Will as compared to her siblings and the land and property left to each of them.
  • Represented Executors in a claim brought by friend of the deceased claiming to have been cohabiting as a married couple with the deceased when the nature of their relationship was questioned by the family of the deceased.
  • A claim by former wife of the deceased being maintained by her ex-husband at the time of his death as the intestacy rules meant that his new wife and children inherited only.
  • Represented a father in claim brought by his two sons following the death of his wife.
  • Represented a mother of a disabled adult child in a claim against the late father’s estate where he had left the entirety of his estate to his wife.
  • A nephew of the deceased pursued a claim as he had been financially dependent on his uncle, but no provision had been made for him in the uncle’s Will.

We pride ourselves on having the legal skills and knowledge to resolve claims and cases as soon as possible so as to minimise the legal costs incurred to all parties.  This avoids the unpredictability of court proceedings and the delay that proceedings cause in bringing matters to a conclusion. Inevitably due to the nature of the claims, parties are grieving when having to deal with these matters and therefore, it is in everyone’s best interest to achieve satisfactory closure as soon as possible.

Contact us at [email protected] if you wish to discuss a possible claim you have, or that may be made against an estate in which you have an interest.

ACAS Early Conciliation

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The government has made regulations to increase the early conciliation (EC) period under rule 6 of the Early Conciliation Rules of Procedure 2014 from six weeks to 12 weeks. This will apply to any case notified to ACAS for EC on or after 1 December 2025.

What is Early Conciliation?

If a worker/employee has a claim against the organisation they work for they must report it to ACAS Early Conciliation before issuing an Employment Tribunal claim.  They will then be offered the opportunity to conciliate in attempt to resolve the claim.  Conciliation is voluntary so you can decide whether to participate.

EC Period

The EC period is the period within which ACAS has a duty to promote settlement once a claim has been notified to it. If no settlement is achieved within the EC period, ACAS must issue an EC certificate bringing the process to an end. The EC period had previously been increased from one month to six weeks on 1 December 2020.

Limitation period

Most types of Employment Tribunal claims have a three-month limitation period, meaning a claim must be issued without three months of the act complained of with the Employment Tribunal – these are strict rules so it is important to act quickly.  The EC period extends limitation – so anytime spent conciliating can be added to the limitation period.  Calculating the limitation date can be complex and ACAS will not assist with this so take our legal advice.

How can we help?

ACAS are unable to give you legal advice, whether you are the employee or employer.  They cannot represent you and cannot take sides.  Therefore, whilst the conciliation process does not require you to be represented by a solicitor, we can guide you and give the important legal advice.  We provide legal advice and representation to workers, employees and employers.  It is very important that you understand the merits of any claim and the likely value of a successful claim so you can make an informed decision about any proposal made during conciliation and/or whether the case should be taken to an Employment Tribunal.

 

Legal Update – The Renters Rights Act

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The Renters Rights Bill is now the Renters Rights Act – it was given Royal Assent on 27th October and is now an Act.

Currently there is no date set by the government when the different parts of the Act will be implemented including the commencement date of the new assured periodic tenancy system but have said that sufficient time to adjust and prepare will be given.

As a reminder, key elements of the Renters Rights Act are:

  • End of so-called ‘no-fault’ evictions: The measure abolishes Section 21 of the Housing Act 1988, which allows landlords to evict tenants without a stated reason;
  • Replacement of fixed-term tenancies: All tenancies will be converted to a single, “rolling” periodic tenancy model. Tenants can end these with two months’ notice, and landlords will rely on specific legal grounds for possession;
  • Ban on rent bidding wars: Landlords and agents are prohibited from soliciting or accepting offers of rent that are higher than the initial advertised price;
  • Annual rent increases: Rent can only be increased once per year, limited to the market value, and a minimum of two months’ notice must be given. Tenants can appeal to a tribunal if they believe the increase is unfair;
  • Discrimination protection: Landlords will be legally prevented from discriminating against prospective tenants based on whether they have children or receive benefits;
  • Decent Homes Standard: The measure applies the Decent Homes Standard to the private rented sector, ensuring properties meet minimum quality requirements including the new Awaab’s law;
  • New landlord database: A national register of landlords and their properties will be created to help both tenants and landlords;
  • Pet requests: Tenants will have the right to request a pet in their rental property, and landlords cannot unreasonably deny this request.

For more information and advice on this and how this may affect you please contact our Property Litigation Team at [email protected]

Legal Update – The Renters’ Rights Bill

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We are now close to the Renters Rights Bill receiving Royal Assent (where the Bill will become law) likely to be announced next week.

The Bill has navigated its way through the ‘ping pong’ phase in the House of Lords and will be back in the House of Commons next week for the final time where it is expected to be passed.  As set out in my previous updates the new Act will remove the right for landlords to use s.21 ‘no-fault’ evictions and will end fixed term tenancies with all tenancies becoming monthly periodic tenancies.

The majority of these provisions will not take effect immediately and we are awaiting to hear when this new tenancy system will be implemented which is likely to be around summer 2026 to allow landlords and professionals time to prepare and be ready for the changes.  Keep an eye out for further updates.

In the meantime, for those still wanting to serve a section 21 notice there was a recent County Court Appeal judgment in Cassell v Sidhu which concerned pre-tenancy gas safety certificates and those that do not have a full set of gas safety certificates and how this affects the validity of a section 21 notice.

In summary it highlighted the importance for the Landlord’s name and address to be correctly identified on the GSC, for new tenants to be provided with copy of GSC of the last record before they occupy the property and for landlords to retain GSC until there has been two further checks.

For more information and advice on this and how this may affect you please contact our Property Litigation Team at [email protected]

Possible introduction of fees payable for presenting Employment Tribunal claims

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STOP PRESS
Government will not be re-introducing employment tribunal fees. On 9 October 2025, the new Lord Chancellor and Justice Secretary, David Lammy MP, advised that the government would not be re-introducing fees in the employment tribunals.

It has been reported in the media that the government is considering re-introducing fees in the employment tribunals.  Fees were payable for bringing claims back in 2017 but abolished when it was ruled unlawful by the Supreme Court.  The Employment Rights Bill is expected to see more claims being issued and therefore delays in cases being dealt with.  It is said that the government is looking at the Ministry of Justice’s spending on the justice system generally.

Follow us for more updates on the new Bill and other employment related issues and changes.  Instruct us for all areas of employment law advice and representation as an employee or employer.

The Employment Rights Bill has entered its final parliamentary stages.

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The Employment Rights Bill has entered its final parliamentary stages.   The House of Commons rejected significant non-government amendments passed by the House of Lords at Report Stage.

The Bill will now return to the House of Lords, with reasons given by a House of Commons Committee for rejection of the amendments. In particular:

• Retaining a six-month qualifying period for unfair dismissal was rejected because it is considered appropriate for protection from unfair dismissal to apply from the beginning of employment. Therefore the Bill is still likely to proceed on the basis that there will be day one rights for protection from unfair dismissal for employees – a radical change from the current two year qualifying period.
• Replacing the proposed duty for employers to offer a guaranteed hours contract with a right for workers to request one was rejected because it is considered appropriate for workers who meet the qualifying criteria to receive a guaranteed hours offer.
• Defining “short notice” for the purposes of compensation for cancelled shifts to be 48 hours was rejected because this would pre-empt consultation and limit the government’s discretion.
• Permitting employees to be accompanied at disciplinary and grievance hearings by a “certified professional companion” was rejected because it would likely lead to an increase in the cost, complexity and length of such hearings.

 

Law Commission’s Plans To ‘Modernise Wills’

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The Law Commission’s plans to ‘Modernise Wills’ and make it easier to challenge one.

The Law Commission has proposed a series of major reforms to the law of wills in England and Wales to make it ‘fit for purpose in the modern age’. Their plans were published on the 16th May in a final report aimed at bringing clarity to their suggestions. With the current law still largely based on the 1837 Wills Act, these reforms aim to modernise the process, make it more accessible, and better protect vulnerable people from exploitation.

One of the most significant proposals is to allow electronic wills. At present, a valid will must be signed in ink and witnessed by two people physically present, a requirement that was proven to be difficult during the Pandemic and outdated in today’s digital world. The Commission suggests that once secure systems are in place, electronic wills should be legally recognised.

Another key recommendation is to end the rule that marriage automatically revokes a will. Under current law, getting married cancels any existing will unless it’s made in contemplation of that marriage. This can lead to unintended consequences. The proposed reform would keep a person’s will in place after marriage unless they choose to change it.

The Commission also aims to make it easier to challenge wills that may have been made under pressure. As it stands, proving undue influence requires strong direct evidence of coercion which if often difficult to obtain. Under the new proposals, courts would be allowed to infer undue influence from relevant surrounding circumstances making it easier to challenge a will based on suspicious behaviour.

Importantly, the test for mental capacity would also be updated. The Commission proposes adopting the more modern approach set out in the Mental Capacity Act 2005. This would bring much needed clarity in cases involving dementia or cognitive decline, areas where disputes often arise.

Lastly, the Commission recommends allowing courts to validate informal wills. For example, handwritten notes or digital messages, if there is clear evidence of the deceased’s intentions. While this may help in emergencies, it could also open the door to more complex disputes about what someone really intended.

Further reforms include tightening the rules around witnesses to prevent potential abuse and lowering the age at which a person can make a will from 18 to 16.

Together, these reforms aim to bring wills law into the modern age while offering greater security and fairness. The next step is for the Government to respond on whether they support any of the Law Commission’s. A full response is expected within the next 12 months.

If you think you may have grounds to challenge a will these reforms could strengthen your position. Early legal advice is vital. Our team can help you assess the situation clearly and take the right steps to protect your interests, whether under current law or in light of the proposed changes.

If you haven’t reviewed your will recently, or if you don’t yet have one, now is a good time to speak to a solicitor and ensure your wishes are properly protected.

For all wills/contentious probate advice and representation contact us at [email protected]