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Diane asks:

Even though I have made a will I have little confidence after our experience of contentious probate. Nothing went as advised and the result was a shambles. Is there anywhere we can send a formal complaint about our grievance?

We were also charged CGT on the probate estate, which I believe was incorrect. The solicitors said it was an HMRC error but I have no confidence in what they say as it was such a dreadful experience. Is there an agency that deals specifically with HMRC errors to whom I could perhaps refer the matter,or can you advise anything?

I know any family member can claim and have been told someone fully intends to do so regardless of my wishes. Other than sell up and dispose before death to try to ensure that the estate goes to who I want, how can I ensure that this person cannot make another contentious claim this time on my estate and therefore cause the family costly legal expense again? 


Nicola Plant
Wills & Trusts

This is a difficult question to answer without knowing the circumstances of the claims against your parent's estate. Generally an aggrieved beneficiary is only entitled to make a claim against an estate under the Inheritance (Provision for Family and Dependents) Act 1979 if they fall into one of only a handful of categories. This includes a spouse, co-habitee of more than two years or some other dependants for whom the deceased was providing for. The Act exists primarily to provide support to those individuals who might otherwise be left in a vulnerable state and for whom the deceased ought to have had regard. The onus is, however, on the person bringing the claim to show that they qualify for assistance.

When taking instructions for a Will one should always check to see whether there are individuals who might have a claim under the Act. Of course, the solicitor is relying on information provided by the person (called a 'testator') at the time the Will is made and you can never prevent an individual from attempting to bring a claim after the death. Whilst that does not mean they will be successful it can cause a great deal of stress and cost.

In most cases the parties will try to settle out of Court to avoid protracted litigation. Where individuals think a claim against their estate is likely they should consider (a) whether they have provided adequately for spouses or other dependants (b) placing a note with their Will explaining why they have chosen not to benefit certain individuals who might otherwise have some expectancy. They might also consider taking out life insurance to provide a sum of money outside their estate for those chosen individuals to benefit from.

Any complaints about a solicitor's conduct should be addressed first to the complaints partner at the firm advising you. If you don't get an adequate response, you can contact the Solicitors Regulation Authority.

Editor's note: there is a detailed answer relating to capital gains tax, which may be helpful, here.


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