Contentious Probate Solicitors
If you believe you have a reason to raise a dispute over the administration of the estate of a deceased individual, this is known as contentious probate. As a lengthy and often complex process, disputes can often arise from different elements of the Will and the administration surrounding management. Reaching a resolution may require expert support from specialist contentious probate solicitors.
Specialist contentious probate solicitors
Contesting probate is a service offered by our specialist team to support you in resolving any disputes surrounding the estate and Will of the deceased. Our contentious probate solicitors can help you to legally resolve disputes in a range of circumstances, including:
- Disputes regarding the interpretation of the Will
- Disputes regarding the valuation of assets
- Disputes regarding executor mismanagement
- Disputes between beneficiaries of a Will
If you are considering contesting a Will, book a FREE initial consultation with one of our specialist contentious probate solicitors by calling 0800 086 2929, emailing info@elitelawsolicitors.co.uk or by completing our Free Online Enquiry Form.
Who can contest a Will?
There are no strict requirements on who can challenge a Will, whether you are a sibling, spouse or residuary beneficiary. However, you will need a good reason to contest the Will and have a strong argument for why the Will should change. In the case of failing to make reasonable financial provision, you will need to prove your financial dependence on the deceased and be defined as a child, spouse or ex-spouse, civil partner or ex-civil partner or a cohabiting partner.
Grounds for contesting a Will
If you would like to contest a Will, you can choose to dispute its validity based on particular grounds that may have influenced or altered the ability of the deceased to create a Will of their own volition. These include:
If the deceased did not have the required mental capacity: These grounds consider the capacity of the deceased based on Sections 1-3 of the Mental Capacity Act 2005 to determine if they were capable of making their own decisions.
If the deceased did not understand or approach the content of their will: These grounds examine circumstances in which the deceased may be visually impaired, hard of hearing, or had similar health conditions affecting their ability to understand.
If there was undue influence from an outside source: These grounds claim that the deceased was influenced by another individual or group of individuals, leading to coercion that affected the contents of their will.
If another individual forged the will: These grounds state that a will has been forged and is therefore invalid and a result of fraud.
If the will does not reflect the wishes of the deceased due to failure to understand or clerical error: These grounds identify clerical errors that have resulted in mistaken instructions within a will, such as if the wishes of the deceased were recorded incorrectly when drafting.
If you believe one of the above applies to your dispute, you may have grounds for contesting a Will. From this point, you can seek legal advice to determine the best course of action to start the process.
How do I contest a Will?
If you would like to contest a Will based on one of the grounds above, seeking expert legal advice from an appropriately experienced contentious probate solicitor is the ideal first step. If you have legitimate grounds to challenge the Will, an application may be made to the Probate Registry for a ‘caveat’. This caveat prevents probate from being issued and lasts initially up to six months. At this point, disputes may be resolved through mediation between the involved parties. If an agreement is not reached, the Court may be requested to provide a definitive answer for the resolution of the dispute.
How much do contentious probate solicitors charge for contesting a Will?
The general complexity and unique nature of each Will means there is no one standard rate for contentious probate services. Litigation can be costly, and bringing claims can be a long process that requires significant work to gather evidence and prepare for court. It is crucial that you seek the right advice to ensure going into this legal process is the right way forward for your dispute.
If you are considering contesting a Will, book a FREE initial consultation with one of our specialist contentious probate solicitors by calling 0800 086 2929, emailing info@elitelawsolicitors.co.uk or by completing our Free Online Enquiry Form.
Who pays the costs of contesting a Will?
If you have a strong claim and the Court agrees with you, the losing party may be ordered to pay most if not all of your legal costs. In other cases, these funds are taken directly from the estate following the claim. As there is no defined requirement for who pays, this is up to the discretion of the court, so it is important to consider this when beginning the litigation process.
How long do I have to make a claim?
The sooner you start the contentious probate process, the easier it will be. Seeking early legal help from experienced contentious probate solicitors as soon as you notice concerns is the best way to cut down on time and expense. While it is technically possible to contest a Will after probate has been granted, this process may be more costly and require additional legal advice. The longer you leave your claim, the more likely funds and assets will be distributed, which means they can be sold or spent.
How our contentious probate solicitors can help
If you are concerned about a Will of a loved one, you should seek professional advice from experienced contentious probate solicitors. At Elite Law Solicitors, we have extensive experience in challenging Wills for many different reasons as well as of defending Wills against challenges. Whether you are an executor, beneficiary, dependant of the deceased or a relative who feels that the will of your family member was mismanaged, our experienced contentious probate solicitors can provide the advice necessary on handling the situation with which you are faced.
Contact our contentious probate solicitors
To book an initial consultation please contact us by calling 0800 086 2929, emailing info@elitelawsolicitors.co.uk or by completing our Free Online Enquiry Form. Our contentious probate solicitors will contact you to discuss your potential case and provide tailored legal advice.
