Success for Rogers and Norton’s Contentious Probate Team

18th Dec 2018

It is sad that a dispute can arise following the death of a loved one. We are however finding that currently we are handling increasing levels of litigation in this area. A recent case saw our client, the bereaved wife, being left without reasonable financial provision from what was a sizeable estate. There can be many explanations for this, sometimes it may be intentional but on other occasions it is simply because a best intention to make a Will has not been followed through.

Personal Litigation and Dispute Resolution

On this occasion the contentious probate team were able to successfully recover a significant proportion of the estate, thus helping the widow provide for her future, following inadequate provision in her late husband’s will. A successful mediation was able to achieve an appropriate outcome.

Our involvement continued beyond the mediation, as we had to ensure that following the variation of the estate the widow was not adversely affected by what would be a variation in the liability for inheritance tax. The increase in her share of the estate would reduce, if not extinguish, the liability for inheritance tax on the estate and we ensured this saving was achieved.

We also ensured that the estate accounts correctly reflected the value of the assets and successfully challenged the omissions of the estate’s executors, one of whom was a professional appointment. It was important to ensure that all of the assets had been correctly valued and included in the estate that the widow had secured an increased share of.

Following the conclusion it was a delight to receive a thank you from the client as follows;

“I would like to thank you for your patience and attention involved in dealing with this case, I am so relieved that we can put all this to rest and I can now move on without any controversy in the background. Should I require your services at any time I would not hesitate in contacting you once again.”

Rogers & Norton’s contentious probate team have the knowledge and expertise to handle disputes of all levels and size. They combine the skills and talents of the private client team with the experience of litigation team, to ensure the client achieves the best expert advice and outcome.

The case really illustrates how important it is to take careful legal advice when making a Will and that the absence of one will not automatically mean that intestacy will leave your estate as you wished.

The team can be contacted at las@rogers-norton.co.uk on 01603 675655.