Few things are as stressful and as potentially divisive as dealing with the administration of an estate, particularly when it involves a business.
Whether you are an executor, a beneficiary or someone who has lost out on what they believe to be just entitlement to whole or part of an estate, Oratto's membership, which includes many solicitors who specialise in disputed wills and probate, can help.
Make contact with Oratto today for more information.
Contesting a Will
Courts show a great deal of respect towards the legal status of Wills and therefore are rarely willing to interfere with their contents.
However, there is also widespread acceptance that in some cases it is necessary to look in detail at a Will and its contents and, where necessary, to overturn it – for example, if the testator lacked testamentary capacity or was unaware of the impact the Will would have on those closest to him.
Unfortunately, if an estate includes high value or indeed complex business arrangements – for example, a family farm or manufacturing business – the potential for contention may be greatly increased.
Contentious probate and business
Contentious probate may occur as a result of any dispute related to the administration of a deceased person's estate and business assets. This includes the following:
- Distribution of business assets
- The management and/or division of a business
- The valuation of a business
- Interpretation of a Will
- Costs and fees
- Disagreements among beneficiaries or executors
Oratto's membership includes some of the leading contentious probate and dispute Wills solicitors in the UK. They work across the country and specialise in all matters related to businesses and contentious probate. This includes the following:
- Section 116 Senior Courts Act applications
- Section 50 Administration of Justice Act 1985 applications
- Applications for delivery of goods held by executors
- Caveat applications
- Beneficiaries disputes
- Inheritance (Provision for Family and Dependants) Act 1975
- Claims relating to lack of testamentary capacity
- Business valuation disputes
- Complicated partnership and proprietary estoppel issues
- Disputes relating to trusts and charity
- Applications for freezing orders and injunctions
In many cases mediation may be the best option for settling a dispute related to a business left among the assets of a deceased person. Mediation is successfully used in many cases of this nature and helps eliminate the considerable cost and stress of taking a case through the courts.
However, for mediation to be successful, all parties need to commit to open and transparent discussions under the guidance of a probate lawyer.
Unfortunately, probate disputes relating to a business are often highly complex and emotionally charged. In some cases this may mean they need to be settled in court. Whether you are a business partner, child, spouse, civil partner or dependent of the deceased, this may be the best option for you, particularly if you have tried mediation and this process has failed to achieve a satisfactory outcome.
Contact Oratto today
Oratto's aim is to connect you with the legal practitioner who is best suited to your personality, your location and the details and circumstances of your case. Our member probate solicitors are specialists in their fields, and all are signed up to the Oratto Member Lawyer Code.
Many of our members are among the leading contested probate solicitors in their regions and have experienced of handling the most complex and difficult Wills disputes. And yet, if your enquiry is a simple matter our lawyers will apply the same dedication and drive to ensure the outcome is a positive one.
When you come to Oratto, our priority is always to find you the right solicitor for your needs. Let us help you make contact with a specialist today.