Contentious probate matters

[Angry Cat]

Can anyone provide the name of a legal firm in London that specialises in contentious probate matters?
Preferably, not a claims firm.

[The Debt Star]

Re: Contentious probate matters

Most firms don't specialise in contentious probate; they usually have a lawyer within their private client dept that does.

Why in London particularly?
What is the approx value of the estate? Am thinking here of costs as contentious work can be pricey albeit that valid, non-frivolous claims are borne by the estate.

Use this link to ACTAPS, the prof body for lawyers who specialise in contentious work.
http://www.actaps.com/

[Angry Cat]

Re: Contentious probate matters

Most firms don't specialise in contentious probate; they usually have a lawyer within their private client dept that does.

Yes, I know but the problem lays in finding a good firm

Why in London particularly?

Why not?

What is the approx value of the estate? Am thinking here of costs as contentious work can be pricey albeit that valid, non-frivolous claims are borne by the estate.

The contentious matter is not frivolous.

Use this link to ACTAPS, the prof body for lawyers who specialise in contentious work.
http://www.actaps.com/

Am aware of ACTAPS

Thank you for your response, debt star.

[righty]

Re: Contentious probate matters

Does the estate have sufficient assets to fund the appointment of contentious probate lawyer? If so I know a good London Grays Inn firm who specialize in all kinds of litigation both domestic & international

[The Debt Star]

Re: Contentious probate matters

Does the estate have sufficient assets to fund the appointment of contentious probate lawyer?

hi, thats the point i was trying to make - and particularly as london firms are expensive.

if you want a recommendation for a good contentious probate lawyer in a city firm but is part of a private client dept, i also can suggest someone.

otherwise, outside london i can also recommend several very good specialists but they are not in specialist litigation practices.

[Angry Cat]

Re: Contentious probate matters

Does the estate have sufficient assets to fund the appointment of contentious probate lawyer? If so I know a good London Grays Inn firm who specialize in all kinds of litigation both domestic & international

I have managed to locate a public access barrister for the party concerned;
the barrister does specialise in contentious probate matters.
However, a good law firm is also needed as the matter will require a contentious probate solicitor to deal with the trustee.

[righty]

Re: Contentious probate matters

OK where do the parties live? & perhaps you could PM me in confidence the name of the Trustee law firm

[Angry Cat]

Re: Contentious probate matters

London and Southern Home Counties.

[righty]

Re: Contentious probate matters

Has this been resolved?

[Baggy]

Re: Contentious probate matters

hi

can anyone please advise.... we have been granted probate (3 mths ago) DWP now investigating and have told our solicitor not to distribute the estate.. our solicitor is withholding all monies.... is this leagal... i thought that once probate had been granted the money etc involved is leagally ours and i didnt think the solicitor or DWP had any legal right to withhold funds....

please help........................

[righty]

Re: Contentious probate matters

Your solicitor is correct to make a payment (unless there are plenty of funds) will put the executors at risk of having to pay any refunds of benefits

Your solicitor is actually protecting you cos if he did pay out he would be negligent AND as they will require you to sign an indemnity before paying you I doubt you want them chasing you to repay the money

[Baggy]

Re: Contentious probate matters

Righty

Surely though if the value of the estate far exceeds a claim that would be made then the solicitor can release partial funds?? instead what has happened is that when probate was granted they collected all funds and sale of house is to complete next week... however we are not getting intrest on this money and the solicitor wont release anything... no one will tell us how much the claim by the DWP is likely to be... how do we find this out? is there anything that we can do to speed this process up?? its already been 3 months since probate was granted...

[righty]

Re: Contentious probate matters

Who told you you won't ge interest? Also there's nothing to stop you phoning the DWP & asking them and yes the solicitor, if satisfied there are sufficient funds, can make a partial distribution & the sale of the house alone (assuming its mortgage free) would appear to justify making such a distribution
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Are you a legatee or residuary beneficiary? If a legatee you'll only get interest after the 1st anniversary of death whereas if your a residuary beneficiary you'll get interest from the date of funds on deposit

[Baggy]

Re: Contentious probate matters

the solicitor handling the probate and DWP investigation said that we would not get interest because the funds had already been withdrawn from the banks... he's also saying that it is illegal to release any funds even though there are more than enough to cover a claim of overpaid pension.... the DWP will not speak to us on the phone....

[The Debt Star]

Re: Contentious probate matters

With all due respect to your lawyer, if he is telling you this, then he is talking utter bollox.

Firstly, the Executors are under a duty to acrue interest on undistributed funds, particularly if they are going to hold on to them for any period of time. The solicitor will have deposit account if nothing else. Its possible that what he means is that the interest his deposit account will earn is pathetic, which would be true because of present rates across the board.

It is also incorrect that it is "illegal" to release funds if there are outstanding liabilities. The Executors can, if they wish, make a partial distribution and hold back sufficient to cover any likely shortfall. They are not compelled to do so, however, and this is the point I must stress to you.

The DWP will only speak to the Executors.