Mark Pearson Associates

Questions

Commonly asked questions

Who are Premier Solicitors?
Our trusted partners Premier Solicitors was founded in 2006, operating nationally with Head Offices in Bedford. Premier Solicitors is a leading law firm offering competitive fixed fees and dedicated to providing a professional and affordable legal service on a range of legal services. We are committed to providing appropriate solutions and excellent customer service. The Firm is Lexcel accredited, a Law Society nationally recognised quality mark for law firms.

I have not been left anything in a Will, but I think I should have been?

We can help. A large area of work for our team relates to this area.

Our team will work with you to bring and defend proceedings where no or inadequate provision has been made for an individual in a Will or where the Intestacy Rules (dying without a Will) do not sufficiently provide for a party. This action would be dealt with under the Inheritance (Provision for Family and Dependants) Act 1975.

In some cases, a Will or, where there is no Will, the Intestacy Rules do not provide reasonable financial provision for all those entitled to expect it. The law therefore gives certain people the opportunity to claim against an Estate if there is considered to be inadequate provision for them under the Will or the Intestacy Rules. As such you may have a claim against an Estate if you fall into one of the categories of permitted applicants.

You may have to demonstrate that you were dependent on the deceased at the time of their death, or lived with them for two years immediately before their death. If the claim is successful, the Court can make a variety of Orders which, in effect, rewrites the Will or the Intestacy Rules to ensure that reasonable financial provision is made for you.
Contentious Probate: do you have a dispute with a Will?
The death of a partner, parent, friend or other loved one is always upsetting, and can be stressful. Especially if their Will is challenged or if there is a dispute relating to their Estate. We can help you with timely and sympathetic advice to ensure you have the right answers and solutions for you.

Our trusted partners at Premier Solicitors have a specialist Contentious Probate Team that deals with all forms of disputes relating to Wills, Estates, Trusts and also Court of Protection issues.

They have substantial experience in handling Contentious Probate matters and examples of the cases they deal with include:
- • Where inadequate provision has been made in a Will
- • Claims regarding the validity of a Will
- • Disputes relating to the interpretation of the terms of a Will
- • Claims regarding agreements made with the deceased before death, particularly with regards to the disposal of the Estate
- • Disputes over the identification of beneficiaries
- • Claims for and against Executors, Personal Representatives and Trustees, particularly where there is alleged breach of Trust, or in order to remove or substitute parties
- • Disputes relating to Trusts and Charity
- • Claims for the rectification of Wills and Trusts
They work on an initial fixed fee cost basis and are happy to discuss fee payment options thereafter.
Will it be expensive to contest a Will?

Not necessarily, we often find this is a key concern for clients so we offer low cost fixed fees for initial aspects where possible. Unfortunately, it is impossible to say thereafter how much any matter will cost, as each case is different. However, there are a number of options available to help you obtain access to justice at an affordable price and we offer substantial flexibility in our fee structures to assist Clients as much as possible.

You may, for example, be able to fund the case through legal expenses insurance, which may be tied in to your home insurance policy, for instance. If so, we are able and willing to liaise direct with your insurer throughout a matter.

Alternatively, we are happy to consider “no-win, no-fee agreements”, deferred payment arrangements or third party funding where appropriate. These are particularly helpful to Clients where costs may be recoverable from an Estate or where there is an entitlement under an Estate which is yet to be realised.