Questions to Ask Your Contentious Probate Solicitor on Your First Call

Your first call with a contentious probate solicitor is critical for empowering you with clarity and control. Key questions to ask include establishing your specific legal grounds for challenging a Will (e.g., lack of capacity, undue influence, or Inheritance Act claims), understanding the strict time limits involved (especially the non-negotiable six-month deadline from the Grant of Probate), clarifying the solicitor’s fee structure (including “No Win, No Fee” options), and gaining an initial assessment of the likely outcome of your claim. These questions ensure you receive comprehensive, authoritative advice and a clear path forward, alleviating initial anxieties.

Why it is Important to Prepare Questions to Ask

Taking the brave step to contact a contentious probate solicitor can feel daunting. You’re likely navigating profound grief, financial uncertainty, and perhaps even complex family dynamics. It’s natural to feel overwhelmed and unsure of where to begin. However, that first call is not just about telling your story; it’s an opportunity for you to take control, gain clarity, and empower yourself with the information needed to make informed decisions.

We encourage you to come prepared. We understand that you need clear, direct answers to crucial questions that will shape your understanding of the legal landscape. This initial conversation is about building a foundation of trust and providing you with an expert roadmap. Don’t hesitate to ask the difficult questions, that’s what we’re here for.

1. What are my specific legal grounds for contesting this Will?

This is arguably the most critical question. You might have a strong feeling that the Will is unfair, but your solicitor needs to translate that feeling into specific legal grounds.

Why it matters: UK law provides distinct, specific reasons for challenging a Will. These include:

• Lack of Mental Capacity: The deceased wasn’t of sound mind when making the Will (applying the Banks v. Goodfellow test).
• Undue Influence: The deceased was coerced or pressured into making a Will that didn’t reflect their true wishes.
• Improper Execution: The Will wasn’t signed or witnessed correctly (e.g., only one witness, or a beneficiary acted as a witness).
• Lack of Knowledge & Approval: The deceased didn’t truly understand or approve the contents of the Will, even if they had capacity.
• Fraud or Forgery: The Will is a deliberate fake.
• Claims under the Inheritance (Provision for Family and Dependants) Act 1975: You were a spouse, child, or financial dependent unfairly excluded from the Will, and require reasonable financial provision for your maintenance.

What to expect: Your solicitor will listen to your story and explain which of these grounds, if any, your circumstances potentially align with. They will give you an initial assessment of the strength of your potential claim based on the information you provide.

2. What are the strict time limits involved, especially regarding the Grant of Probate?

• Why it matters:

• Caveat: You can lodge a Caveat (to pause probate) at any time before the Grant of Probate is issued. This buys you invaluable time for investigation. Learn More about Caveat in our guide: Immediate Action: The Crucial Difference Between a Caveat and a Claim (and Why Time is NOT Your Friend)
• Inheritance Act 1975 Claims: This is the most critical deadline. If you are making a claim for reasonable financial provision, you must issue your claim in court within six months from the date the Grant of Probate was issued. This deadline is non-negotiable and rarely extended.
• Other Challenges: While other grounds (like capacity or undue influence) don’t have such a rigid six-month limit, delaying still severely weakens your case as evidence becomes harder to gather and the estate may be distributed.

• What to expect: Your solicitor will ask if a Grant of Probate has been issued and, if so, when. They will advise on the immediate steps needed (like lodging a Caveat) to protect your position.

3. What are your fees, and what funding options are available to me?

Financial anxiety is a huge barrier. A transparent discussion about costs is vital for your peace of mind and your ability to proceed.

Why it matters: Legal costs can be substantial, but reputable firms offer flexible funding. You need to understand the potential financial commitment from the outset.

What to expect: Your solicitor should clearly explain:

• Free Initial Assessment: Most specialist firms, like Contest A Will Today, offer a free, no-obligation initial consultation to assess your case.
• Conditional Fee Agreements (CFAs) / “No Win, No Fee”: Whether your case is suitable for a CFA, where you only pay legal fees (plus a success fee) if your case wins. If you lose, you pay nothing for their time.
• Disbursements: Costs not covered by “No Win, No Fee” (e.g., court fees, expert reports, barrister fees if not on CFA).
• After The Event (ATE) Insurance: How this insurance can protect you from paying the opponent’s legal costs if you lose.
• Hourly Rates: If CFAs are not suitable, what their hourly rates are and how they estimate total costs.

Why we offer this: Our goal is to empower you to pursue justice, not just if you have deep pockets. Understanding funding options upfront removes a huge burden.

4. What is the likely outcome, and what are the chances of settling outside of court?

You want a realistic picture of what lies ahead, not false promises.

Why it matters: Litigation is inherently uncertain. An honest assessment of the likely outcome (best-case, worst-case, most probable) helps manage your expectations and informs your strategy. It also highlights the importance of settlement discussions.

What to expect: Your solicitor will provide an initial opinion on the strengths and weaknesses of your case. They should also discuss:

• Mediation: The high probability (often over 90%) of inheritance disputes settling through mediation or negotiation, avoiding a full court trial.
• Likely Timescales: An estimate of how long the process might take, from initial investigation to settlement or trial.
• Potential Remedies: What you might realistically achieve (e.g., a specific sum, a share of property, the invalidation of the Will).

• Our approach: We always aim for amicable resolution where possible, recognising the emotional and financial benefits of settling outside court. Our authority comes from guiding countless clients to realistic, fair outcomes.

5. What information do you need from me to properly assess my case?

Knowing what to prepare empowers you to make your first call as productive as possible.

Why it matters: The more information you can provide upfront, the more accurate and detailed your solicitor’s initial assessment will be.

What to expect: Your solicitor will likely ask for:

• A copy of the Will (and any previous Wills).
• The Grant of Probate (if issued).
• Details of the deceased’s family tree and assets.
• A timeline of relevant events and a summary of your concerns.
• Names of any key witnesses or medical professionals.

Your preparation: Gathering these documents beforehand will make your initial call much more efficient and insightful.

Take Control, Seek Clarity

Your first call to a contentious probate solicitor is an act of empowerment. By asking these crucial questions, you transform uncertainty into understanding, fear into strategy, and doubt into a clear path towards resolution.

At Contest A Will Today, we are ready to provide the answers, the expertise, and the empathetic guidance you need. We are committed to ensuring you feel heard, informed, and confident in every step you take towards securing a fair outcome.

Don’t hesitate. Take control of your future today.

Get your free, no-obligation case assessment. Call 08002980029 or visit contestawilltoday.com

FAQs

1. Should I inform the Executor or other beneficiaries before I contact a solicitor?

While there is no legal requirement to inform the Executor or beneficiaries before seeking initial legal advice, it is generally recommended to keep your initial consultation confidential. Contacting a solicitor first allows you to understand the true strength and legal grounds of your case, enabling you to take immediate protective steps (like lodging a Caveat) without prematurely alerting the Executor. Once you have a clear strategy, your solicitor will handle the formal communication using a Letter of Claim, which is a crucial pre-action step.

2. What documents should I gather before my first consultation to ensure I get the best advice?

To ensure your first consultation is as productive as possible, you should try to gather the following: a copy of the Will in question, any previous Wills (if available), the Grant of Probate (if it has been issued), a summary of the deceased’s main assets and estimated value, and a list of all key family members and beneficiaries. Any relevant contemporaneous evidence, such as letters or notes that shed light on the deceased’s mental state or the actions of a potential coercer, is also extremely helpful.

3. What is the difference between a Barrister and a Solicitor in a Will dispute case?

In the UK legal system, solicitors manage the day-to-day legal work, gather evidence, communicate with the other side, and handle all the paperwork. They are your primary point of contact. A Barrister, on the other hand, is the specialist legal advocate (often called ‘counsel’) who will advise on complex legal points, draft court documents, and, most importantly, represent you in court or during high-level negotiation meetings (like mediation). For contentious probate, solicitors often instruct barristers early on to get strategic advice, ensuring your case is built on the strongest legal foundation.