Contentious Probate Solicitors

Contentious Probate Solicitors

Following a bereavement, usually, a will has been written and witnessed properly, allowing for the estate to be distributed quickly and efficiently.

However, this is not always the case. There are times when a will may be disputed or challenged, also known as contested probate. It can be contested by a person who is named as a beneficiary (or on behalf of a person named as beneficiary), is not a named beneficiary but feels they should be, questions the circumstances in which the will was made.

When a will is contested or challenged a solicitor is required to review the legality of the will, and help the beneficiaries and executors distribute the estate as per the deceased wishes.

How Morr & Co can help

Cost effective

We offer a cost-effective service, ensuring you are in the best position to contest probate and win your case. Meaning your legal fees are covered by the losing party.

Fast

Unfortunately, probate is generally a long process, with will disputes lengthening this time. However, we ensure all paperwork and communications are delivered swiftly to keep your case moving.

Sensitive & honest

Our solicitors will act respectfully and compassionately to distribute the estate as close to the deceased’s wishes as possible. They will also be honest with you if your will or probate dispute is unlikely to succeed.

Flexible

We offer in-person, telephone and video calling. Meaning we can consult with you however you prefer.

Accredited

Our solicitors are recognised by both Chambers and Partners, regulated by the Solicitors Regulation Authority and listed in the Legal 500

What our clients say:

Filled starFilled starFilled starFilled starFilled star

“She was highly professional, knowledgeable and timely in my dealings with her. She was paramount to achieving my goal. I recommend this firm highly and would not hesitate to approach them again in the future.”

Recent Contested Probate Client

Filled starFilled starFilled starFilled starFilled star

“If you're looking for a Solicitor who is professional, approachable and truly exceptional, we cannot recommend Katie highly enough. She is a credit to her profession and a lifeline to anyone in need of expert legal assistance. ”

Recent Contested Probate Client

Filled starFilled starFilled starFilled starFilled star

“Absolutely fantastic. Very efficient, concise and transparent service - if only all Solicitors were like this. Kellie and her team are a credit to Morr & Co - I cannot recommend her services highly enough!”

Recent Dispute Resolution Client

Filled starFilled starFilled starFilled starFilled star

“Very thorough and professional in their approach. Explaining everything to me in terms I could easily understand and were always responsive when I had questions outside of our meetings. Plus incredibly proactive on their follow-up. ”

Recent Dispute Resolution Client

Contact our contentious probate solicitors today

Please choose from the below options so that we can direct your enquiry to the right team member

Sorry, we do not provide criminal law advice.

You may wish to contact your local Citizens Advice Bureau or your local Law Centre, who will be able to help you find support.

Sorry, we do not provide advice on consumer disputes.

You may wish to contact your local Citizens Advice Bureau or your local Law Centre, who will be able to help you find support.

Sorry, we do not provide advice on benefits related disputes.

You may wish to contact your local Citizens Advice Bureau or your local Law Centre, who will be able to help you find support.


Please note that we are currently only providing this service to our existing clients.

You should bear in mind that if your dispute is valued at less than £10,000 you will not be able to recover your legal fees from your opponent.

You may wish to consider consulting the Citizens Advice Bureau or your local Law Centre as an alternative.

In order to enable us to give you an accurate estimate of our likely costs to advise you, we will need to review the key documents. As a guide, our costs for reviewing the key documents and giving you initial advice are likely to be in the region of £1,750+VAT.

Before we can confirm whether we are able to act for you, we need to carry out a conflict check to make sure that we have not previously acted for your opponent.

Assuming our conflict check is clear, we will contact you to arrange a time for you to speak to one of our solicitors. Please can you confirm that you still wish to proceed with this enquiry. *

Our fees for debt recovery work typically start at £1,750 + VAT, so it is unlikely that we would be able to help you on this occasion. You may wish to contact the Citizens Advice Bureau or your local law centre, who may be able to help resolve your issue.

We are sorry that we are not able to help you on this occasion.

You may wish to contact the Citizens Advice Bureau or your local law centre, who may be able to help resolve your issue.

If your claim relates to an incident that took place more than 4 years ago, you may not be able to bring a claim unless you were under 18 years old at the time.

We are sorry, but it is unlikely that we are able to help you with your claim on this occasion.

You may wish to contact the Citizens Advice Bureau or your local law centre, who will be able to help you find support.

How a will can be challenged

Technicalities

Sometimes a will is incorrectly prepared or witnessed. In this case, the will is usually deemed to be totally invalid, and the estate is administered as if there is no will in existence.

Mutual wills

Mutual wills are used to prevent the surviving individual from changing their will and disposing of the estate in a different way than intended.

Undue influence

Sometimes family members may pressure or coerce an individual to make a will to make provision in their favour or someone else’s. A will can be rendered invalid on this ground.

Secret trusts

A secret trust is where a will leaves a gift to a person, with the stipulation that they must gift it to another person. This agreement is made outside of a will and is intended to keep the identity of the beneficiary secret from the will.

Promises made

When an individual has had their life decisions or expectations influenced by promises made by the deceased about future inheritances.

Lack of capacity

In some cases, a person who has drawn up a will is considered not to be mentally capable enough for it to be valid. Such as when an elderly person develops dementia or Alzheimer’s.

Lack of knowledge or approval

It can be the case that a testator – someone who has made a will – does not know and/or understand the nature of the will that has been signed.

Our contentious probate services

Administration of Estates

We work to ensure that a will is dealt with efficiently, respectfully and in accordance with the deceased wishes.

Sometimes there may be issues due to how the will was written or recorded, conflicting claims, prior agreements or issues with the performance of the executors.

Probate Caveats

If you wish to challenge a will before probate has been granted you can apply for a caveat.

This stops probate from being granted until your will dispute has been resolved, meaning executors cannot legally distribute assets from the will until the caveat is removed.

Inheritance Act claims

Inheritance Act claims can be brought by individuals who feel that a will makes inadequate financial provisions for them.

Calculating the value of a claim can be complex and will take into account several elements, including the needs of the claimant, the needs of other beneficiaries and the size and nature of the estate.

Court of Protection

If a vulnerable person lacks the capacity to make a will, the Court of Protection is a way to allow a will to be executed on their behalf. Our lawyers can assist with applications to the Court of Protection.

 

Challenges to Wills

We can give expert legal advice to those looking to dispute or challenge a will prior to probate being granted. Discover how a will can be challenged below or speak to the team today.

Challenge a will after probate

If probate has been granted you can still look at challenging it under certain grounds. Talk to our expert team today about how we can help challenge a will after probate.

Contested Probate FAQs

Challenging a will or contesting probate can be complex and confusing, here are some of the most frequently asked questions that may help.

Our expert team of contested probate solicitors can assist you with any additional queries you may have.