Our experts can help with:
Why choose Brethertons for contentious probate advice?
- We are experts in dispute resolution and litigation first and foremost.
- Working closely with our Wills, Trusts, Capacity and Probate team, we have the resources to support with any contentious issue. This includes acting as an independent executor in the event of a dispute.
- We tailor our advice to your personal needs and requirements, ensuring the right method of alternative dispute resolution is utilised.
- Our contentious probate solicitors work with clients all across the country using a blend of videoconferencing, email and face-to-face meetings to provide an accessible, highly personal service.
- We are able to provide support with even the most complex estates and probate matters.
- Our contentious probate solicitors treat every client with sensitivity and understanding, while keeping our advice as straightforward and practical as possible.
Our contentious probate services
Disputed Wills
There are many reasons why it may be necessary to dispute a Will. Whether it’s believed that the Will simply isn’t valid, or it does not reflect the true wishes of the deceased, it’s important for Will disputes to be resolved as efficiently as possible, and with minimal fuss.
In these scenarios, our contentious probate solicitors can work alongside you to carefully assess the merits of the claim being made and advise you on the best course of action to ensure that the Will is construed or rectified accordingly.
We can also advise on matters that involve an error in the way a Will was originally drafted, or if a mistake leads to disputes over the interpretation of a Will.
Inheritance Act claims
In certain cases, it may be possible to make an Inheritance Act claim. This is where a Will does not provide reasonable provision to a dependent of the deceased or, where there is no Will, the rules of intestacy do not provide reasonable provision.
Our contested probate solicitors can intervene to resolve inheritance disputes between beneficiaries, advising on whether there are legitimate grounds for a claim to be made and helping to negotiate a suitable settlement.
Where necessary, we can also assist with the process of making an Inheritance Act claim through the courts.
Trust disputes
Trusts and, by extension, Trust disputes can be extremely complex. This is especially true where they relate to high value assets, or they have been constructed in a very specific way.
If there are any concerns related to the way a Trust is being administered, or the way a Trustee is conducting their role, our expert solicitors can intervene to ensure that a swift resolution is achieved.
Executor and estate administration disputes
Individuals who are appointed to execute an estate have a range of important responsibilities. As such, they should also be held to certain standards which, if not met, could result in a dispute occurring.
Any questions over the conduct of an executor, or disagreements over the way an estate is being administered could have a detrimental impact on any beneficiaries, so it is important that a prompt resolution if found.
Our contested probate experts can assist with a wide range of executor and estate administration disputes, ensuring that a swift outcome is reached with as little disruption as possible. This includes advising on disputes between executors.
Lifetime transaction disputes
In some cases, the value of an estate could be affected if the deceased was involved in any significant financial transactions prior to their death. This can also present an issue if it is suspected that the deceased was unduly influenced into making a gift.
‘Deathbed gifts’ can be challenged in some cases, particularly where they are high value and/or it is suspected that the deceased may have lacked sufficient capacity to make the gift.
Our solicitors can assist with establishing whether a gift was legitimate and could therefore be challenged and proceed to handle any disputes that follow.
Contentious probate FAQs
What is contentious probate?
Contentious probate refers to any disputes that occur in relation to how a person’s estate is handled after they die. For instance, this could involve disputes related to Wills, Trusts and the estate administration process.
Common contentious probate disputes involve claims for further provision, where someone believes that they have not been properly provided for after someone has passed away.
Under what grounds can you contest a Will?
In the UK, there are various grounds for contesting a Will. These are:
- Lack of testamentary capacity
- Lack of due execution
- Lack of knowledge or approval
- Undue influence
- Fraud or forgery
- Clerical error
Lack of testamentary capacity
Where someone does not have the sufficient mental ability to make a Will, they will lack testamentary capacity. If a Will is created while someone lacks testamentary capacity, it could be considered invalid.
Lack of due execution
Various legal formalities must be followed when making a Will, such as having it correctly witnessed. If for any reason these formalities are not adhered to, the Will could be challenged on the grounds of a lack of due execution.
Lack of knowledge or approval
Anyone making a Will must understand and approve of its contents. If it can be demonstrated the testator (the person making the Will) could not understand what was contained in the Will, a claim could be made to render it invalid.
Undue influence
A potential claim for undue influence or duress could be put forward where it can be demonstrated that the testator was pressured or coerced into making a Will or making certain additions to an existing Will.
Fraud or forgery
Cases of fraud or forgery are treated extremely seriously. If there is any evidence of fraud during the process of making a Will, such as a signature being ingenuine or a recent version of a Will being destroyed, a claim could be brought forward.
Clerical error
Mistakes can unfortunately happen. If it can be demonstrated that any clerical errors took place while the Will was being prepared, it may be possible to have it rectified.
How long does contentious probate take?
It is important to note that there are no fixed time limits for contentious probate. As you might expect, the more complex the issues at hand are, the longer a case is generally expected to take to resolve, but timeframes will always vary from case to case.
In more straightforward cases, contentious probate can take between six to 12 months to resolve, but this timeframe could be extended where court proceedings are required to find a resolution.
What does contentious probate cost?
No two contentious probate cases are ever the same. This means that the cost of instructing our contentious probate solicitors will vary depending on your circumstances, the complexity of the issues you are trying to resolve, and whether a case would need to pass through to court.
Our solicitors can provide further information on the costs that may be involved in your case, offering clarity on your situation.
Consult our contentious probate solicitors in Banbury, Bicester and Rugby
To speak to our friendly and approachable contentious probate solicitors today, don’t hesitate to get in touch.
We have offices in Banbury, Bicester and Rugby, working with clients across Coventry and Warwickshire, the West Midlands, Oxfordshire and nationwide.
