Sometimes, administration of an Estate may lead to litigation.

Litigation may be because the Executor proving the Will is believed to be proving the wrong Will or that the person proving the Will is not entitled to do so.

Mostly, it is because a claim has been made against the estate for further provision. If you are the Executor of an Estate it is your obligation to uphold the terms of the Will and protect the interests of the beneficiaries. Whilst claims are often settled through mediation and negotiation some proceed to action being taken in Court.

If you feel that sufficient provision has not been made for you then you must bring an application as a Claimant within 6 months of the Grant of Representation. Two things you will need to prove to the Court are that the deceased had a moral duty to provide for you, and that you have financial need. Financial need can be comparative to other beneficiaries of the Will.

Rennick & Gaynor have the requisite experience and knowledge to advise both Executors and Claimants on all estate litigation matters.