Contentious Probate Solicitors

Disputed Wills involve challenging the validity of a deceased person’s Will. They can include questions around whether a Will is legal, whether the Will-maker had the required mental capacity, and whether the estate of the deceased has been distributed properly and fairly.

In England and Wales, you can contest a Will if you’re a beneficiary (of either a current or previous Will), a financial dependent of the deceased or someone who would inherit under intestacy rules (the rules that must be followed if the deceased dies without making a Will).

Common grounds for contesting a Will include undue influence, the deceased’s lack of knowledge and approval, improper execution, failure to make financial provision, fraud, forgery, and the deceased’s lack of testamentary capacity.

The evidence you need to prove your claim will depend on the nature of your case. However, you may require the Will itself, medical and financial records, witness statements, and expert reports such as handwriting analysis.

There are several potential outcomes for Will disputes, including the Will being upheld, invalidated, or altered to make provision for a dependent.

Contentious Probate covers disputes and disagreements about administrating a deceased person’s estate, whether they made a Will or not. They can be raised by the estate’s beneficiaries, trustees, or the deceased’s dependents (dependents are those who were financially dependent on the deceased).

Some examples of Contentious Probate disputes include the mismanagement of the deceased’s estate, making a claim against the estate, and interpreting a Will or Trust document to clarify the deceased’s intentions.

Common grounds for Probate disputes include questioning the validity of a Will, disagreements about how an executor handles the estate, inheritance disputes, and claims under the Inheritance Act.

Outcomes of a Probate dispute vary from case to case but include upholding or invalidating a Will, removing an executor, and determining how the estate should be distributed.

If the deceased didn’t leave a Will, their estate will be distributed following intestacy rules. This can lead to many Probate disputes, including disputes over how the estate should be divided and who should serve as the administrator.

An executor is responsible for administering the estate and carrying out the deceased’s wishes in their Will. This includes managing assets (such as selling property), paying debts, and distributing the estate to the beneficiaries.

Executors can be removed for misconduct, failure to administer the estate properly, unreasonable delays, or a conflict of interest.

That depends upon the nature of your claim. There is no time limit if your Will dispute involves undue influence or lack of capacity. However, if you intend to claim under the Inheritance Act, you have 6 months from the grant of Probate to make your claim.

Whatever the circumstances, seeking legal advice as soon as possible is advisable.

When you work with us, you’ll be advised from the outset about the merits of your claim, the best way to proceed, and how much your case is likely to cost, putting you firmly in the know.

The cost of your case depends on its complexity and the approach required. In many cases, disputes can be settled out of court through negotiation or mediation, saving time and money.