Contentious Probate Services

Losing a family member or friend is a difficult and upsetting experience for everybody concerned, whatever the circumstances. Duties such as looking after funeral arrangements and administering a will can make this an even more challenging time – especially if disagreements arise.

In particular, disputes over wills and inheritances can put a huge amount of pressure on families at a time that they are already grieving the loss of a loved one and emotions are strong. Engaging help from an outside expert can help to diffuse tensions and ensure that the best outcome is reached for all parties.

When it comes to contested wills, our lawyers are friendly and approachable with a proven track record of getting things sorted quickly and efficiently. They can explain everything in a clear, easy to understand manner, helping you through disputes with sensitivity, speed and assurance.

What is Contentious Probate?

Contentious Probate refers to a disagreement, usually relating to an inheritance or will, which arises following the death of a family member or friend.

Who can contest a will?

In the vast majority of cases, a will is contested by a family member. For example:

• A spouse or civil partner
• A partner who has lived with the deceased for two years or more
• A former spouse
• A child
• A step-child
• A dependent

As a family member, you are not necessarily or automatically entitled to receive anything from the deceased’s estate, however our accomplished team of solicitors will act swiftly to establish the facts and background to your case, before advising you on the chances of overturning the existing terms of the will.

Grounds for contesting a will

We can offer advice on whether it is appropriate to contest the will and on the next steps to take.

Disputes often arise over the division of assets or the exclusion of an expected beneficiary completely.

Grounds for contesting a will can include:

• The will was unsigned
• It was not witnessed properly
• Doubt over the validity of the will
• The deceased did not have the mental capacity to make a will at the time
• The deceased was influenced or coerced into making the will
• Impropriety on the behalf of the executors or trustees
• The solicitor that drafted the will did so negligently
• The will fails to adequately provide for family members and dependents of the deceased
• Forgery and fraud

Our Contentious Probate Services

The death of a loved one is extremely distressing and can be made all the more traumatic if you or someone else believes the will to be invalid.

Our team is experienced in dealing with all types of will and inheritance disputes and can help challenge a will’s validity via Validity Claims. Our solicitors can also make sure you are able to claim what you are entitled to in a will via Financial Provision Claims.

They are also experts at helping people recover assets which may have been promised to them via Proprietary Estoppel, or dealing with Negligence or Rectification Claims.

In the unfortunate circumstances of a dispute about a will between beneficiaries, trustees or personal representatives, our specialists are experienced at dealing with Trust Disputes and will work with you to find a solution.

Can I afford professional help?

If you are worried about how much legal services may cost, please feel free to contact us to talk about our wide range of pricing options, which include fixed fees as well as service level guarantees, demonstrating our commitment to the level of service we are able to offer.

How we can help

If you feel that you have been unfairly left out of a will or you are an executor who is either acting on someone else’s behalf or defending a claim, our specialist legal team are there to help with the expertise and experience that you need.

If you believe you have grounds to contest a will, it is imperative that you contact us without delay. In some cases, a claim must be brought within six months of any Grant of Probate. You don’t have long, so take legal advice as soon as possible.