Understanding Contentious Probate and Will Disputes
When a loved one passes away, their estate should be administered according to their wishes and the law. However, disputes can arise that require specialist legal intervention. If you are facing a contentious probate matter or need to challenge a will, understanding your options is the first step toward resolution.
Contest A Will Today connects you with independent, SRA-regulated solicitors who specialize in contentious probate and inheritance disputes. We do not provide legal advice ourselves, but we can introduce you to the right legal expert who can guide you through this complex area of law.
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What is Contentious Probate?
Contentious probate is a broad legal term that encompasses any dispute arising from the administration of a deceased person’s estate. These disputes can be complex, emotional, and time-sensitive, which is why specialist legal advice is essential.
Contentious probate matters can include:
Challenging the Validity of a Will
A will may be challenged on several grounds, including:
Lack of testamentary capacity: The deceased did not have the mental capacity to make a valid will at the time it was executed.
Undue influence: The deceased was pressured or coerced into making the will by another person
Fraud or forgery: The will is not genuine or was created through fraudulent means.
Lack of knowledge and approval: The deceased did not understand or approve the contents of the will.
Improper execution: The will was not signed and witnessed correctly according to legal requirements.
Inheritance Act Claims
Under the Inheritance (Provision for Family and Dependants) Act 1975, certain individuals can make a claim for reasonable financial provision from an estate if they believe the will (or the rules of intestacy, if there is no will) does not make adequate provision for them. Eligible claimants may include:
Spouses or civil partners
Former spouses or civil partners (in certain circumstances)
Children (including adult children)
Cohabitees who lived with the deceased for at least two years before their death
Dependants who were financially supported by the deceased
Executor and Trustee Disputes
Disputes can arise regarding the actions or conduct of executors or trustees, including:
Mismanagement of the estate: Allegations that the executor has failed to administer the estate properly.
Breach of fiduciary duty: The executor or trustee has acted in their own interest rather than in the interest of the beneficiaries.
Removal of an executor: In serious cases, it may be necessary to apply to the court to remove an executor.
Disputes Between Beneficiaries
Disagreements can occur between beneficiaries about how the estate should be divided or how certain assets should be valued or distributed.
- Interpretation of a Will
Sometimes the wording of a will is unclear or ambiguous, leading to disputes about what the deceased intended. In such cases, the court may need to interpret the will. - Claims of Financial Abuse
If there is evidence that the deceased was financially abused or taken advantage of before their death, legal action may be necessary to recover assets for the estate.
Contesting a Will vs. Contentious Probate: What's the Difference?
Contesting a Will
- Specifically refers to a legal challenge to the validity of a will.
- Grounds include lack of capacity, undue influence, fraud, or improper execution.
- Must typically be brought within 6 months of the grant of probate (though exceptions exist).
Contentious Probate
- A broader term that covers any dispute arising from the administration of an estate.
- Includes will challenges, but also Inheritance Act claims, executor disputes, and beneficiary disagreements.
- Time limits vary depending on the type of claim. Inheritance Act claims, for example, must usually be brought within 6 months of the grant of representation.
When Should You Seek Legal Advice?
You should consider seeking specialist legal advice if:
- You believe a will is invalid or was made under suspicious circumstances.
- You have been unfairly excluded from a will or have not been adequately provided for.
- You are an executor facing a dispute or challenge from beneficiaries.
- You suspect an executor is mismanaging the estate or acting improperly.
- There is a disagreement between beneficiaries about how the estate should be divided.
- You believe the deceased was subjected to financial abuse or undue influence.
- You need to interpret unclear or ambiguous terms in a will.
How Contest A Will Today Can Help
We understand that contentious probate disputes are stressful, emotional, and often occur at a time of grief. Our role is to make the first step as simple as possible by connecting you with a specialist solicitor who has the expertise to handle your case.
What We Do
- Listen to your situation: We take the time to understand the nature of your dispute.
- Connect you with a specialist: We refer you to an independent, SRA-regulated solicitor with proven expertise in contentious probate and inheritance disputes.
- Facilitate the introduction: With your consent, we pass your details to the solicitor, who will contact you directly to arrange a consultation.
What We Don't Do
- We do not provide legal advice or assess the merits of your case.
- We do not act as your solicitor or represent you in legal proceedings.
- We do not conduct litigation or prepare legal documents.
The Solicitors We Work With
We have built a network of independent solicitors and law firms with over 30 years of experience in contentious probate and will disputes. These are not our employees; they are independent professionals who are fully regulated by the Solicitors Regulation Authority (SRA) and hold Professional Indemnity Insurance.
The solicitors we refer you to can:
- Assess the strength of your case and provide honest, expert advice.
- Explain your legal options and the potential outcomes.
- Discuss funding options, including “No Win No Fee” arrangements where applicable.
- Represent you in negotiations, mediation, or court proceedings.
- Work to achieve the best possible outcome for your situation.
Once we refer you to a solicitor, they will:
Once we refer you to a solicitor, they will:
- Arrange a consultation: This may be in person, by phone, or by video call, depending on your preference and their availability.
- Listen to your case: They will ask you to explain your situation and provide any relevant documents or evidence.
- Assess your case: They will evaluate the legal merits of your claim or defense and provide you with honest advice.
- Explain your options: They will outline the possible courses of action, including the risks, costs, and potential outcomes.
- Discuss funding: They will explain the funding options available to you, including private funding, legal expense insurance, or “No Win No Fee” agreements.
- Provide a clear plan: If you decide to proceed, they will develop a strategy tailored to your case.
Important Time Limits to Be Aware Of
Contentious probate claims are subject to strict time limits. While we cannot provide legal advice, it is important to be aware that:
- Challenges to the validity of a will generally must be brought within 6 months of the grant of probate (though exceptions may apply in certain circumstances).
- Inheritance Act claims must usually be brought within 6 months of the grant of representation (probate or letters of administration).
- Other types of contentious probate claims may have different time limits depending on the nature of the dispute.
Take the First Step Today
We are here to make that first step easy.
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Frequently asked questions.
Can a will be contested after probate has been granted?
Yes, in many cases a will can be challenged even after probate has been granted. However, there are strict time limits, and it is important to seek legal advice as soon as possible.
How long do I have to make a contentious probate claim?
Time limits vary depending on the type of claim. For example, Inheritance Act claims must usually be brought within 6 months of the grant of representation. The solicitor we refer you to will advise you on the specific time limits that apply to your case.
What are the grounds for contesting a will?
Common grounds include lack of testamentary capacity, undue influence, fraud, lack of knowledge and approval, and improper execution. A solicitor can assess whether you have valid grounds to contest a will.
Do I have to go to court to contest a probate?
Not necessarily. Many contentious probate disputes are resolved through negotiation or mediation without the need for court proceedings. However, if an agreement cannot be reached, court action may be necessary. Your solicitor will advise you on the best approach for your case.
What is the difference between contesting a will and contentious probate?
Contesting a will specifically refers to challenging the validity of a will. Contentious probate is a broader term that covers any dispute arising from the administration of an estate, including will challenges, Inheritance Act claims, and executor disputes.
