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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.
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.
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.
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.
We offer in-person, telephone and video calling. Meaning we can consult with you however you prefer.
Our solicitors are recognised by both Chambers and Partners, regulated by the Solicitors Regulation Authority and listed in the Legal 500
“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.”
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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 are used to prevent the surviving individual from changing their will and disposing of the estate in a different way than intended.
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.
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.
When an individual has had their life decisions or expectations influenced by promises made by the deceased about future inheritances.
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.
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.
Partner, Head of Department
Dispute Resolution
Partner
Solicitor
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.
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 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.
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.
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.
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.
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.
The most common grounds for contesting a will or probate are:
Speak to our expert will dispute solicitors for more advice on the grounds for contesting a will or probate.
You can contest probate within 6 months of the Grant of Probate being issued. This can be done under the Inheritance Act of 1975. We recommend seeking specialist legal advice specific to your situation who can assist you with legally contesting probate.
Probate usually takes around a year on average. Probate can be disputed up to 12 years after it’s been granted in certain circumstances.
Your first step is to speak to a specialist probate and will solicitor who can provide legal advice on your situation and how to progress further.
Anybody can challenge a will, regardless of their connection to the deceased. However, a will should not be challenged without a good reason as you are likely to be liable for legal fees for both parties if you lose the case.
Generally, those who challenge a will successfully are people who have been financial dependents of the deceased such as:
Generally, you have around 6 months to contest a will under the Inheritance Act. But probate can be contested up to 12 years after the date of death or if the will is believed to be fraudulent there is no time limit.
If a will has not been granted probate yet you can apply for a caveat, which prevents the will from being granted probate. This ensures the estate is not distributed until your dispute is resolved.
Beneficiaries can challenge the executor if they believe the executor is not fulfilling their duties or acting improperly. The first step is to write a letter to the executor outlining your concerns and requesting their account of activities. If this does not resolve the issue you can seek a Section 50 application to have the executor removed or replaced to continue distributing the estate.
Usually, each party is responsible for their own costs during the course of the litigation. At the end of the case, a judge will decide which party should pay for the legal fees, with the losing party usually paying for both sides’ legal fees.
This will depend on how you wish to challenge the will, through technicality, falsehoods etc. Our expert inheritance dispute solicitors will give you specific advice for your circumstances.
