Contentious Probate Solicitors
Clear legal guidance when family inheritance is challenged
Losing a loved one and dealing with their estate is not only emotional, it’s also difficult.
Our experienced wills, probate and trust team of solicitors can help you navigate these complex claims.
Contentious Probate Claims
If there are problems with the way a loved one’s estate is being handled, it can cause more stress and upset.
Whether you are an executor or beneficiary, our experienced contentious probate solicitors can help:
- Interpret the will
- Value the assets involved
- Deal with an executor who is mismanaging or has mismanaged the estate
- Resolve disputes between beneficiaries
On this page
What is Contentious Probate?
Contentious probate describes any dispute about the administration of a person’s estate after their death.
Types of Contentious Probate Disputes
There are many types of disputes that can arise during the execution of a will.
These are the main types of dispute:
Will Disputes
Will disputes occur when there are questions over whether a will is valid or if it truly represents the wishes of the deceased.
You may have grounds to dispute a will if:
- It was not properly signed or witnessed.
- The deceased lacked the mental capacity to create a valid will.
- The deceased did not have the proper knowledge and approval of the will’s contents.
- The deceased was subject to undue influence or ‘Fraudulent Calumny’.
- It has been forged or you suspect some other type of fraud.
Correcting Mistakes in a Will
An error in a will can make it unclear as to what it means. This can leave it open to interpretation which causes friction between beneficiaries. It can also produce a different outcome to what the deceased might have intended.
In cases like these:
- The executors and beneficiaries may need to negotiate to resolve problems caused by ambiguous wording.
- You might need a court to determine what the will means. This is called ‘Will construction’.
- You may also need a court to correct a will. This is ‘Rectification’.
Inheritance Act Claims For Dependants Who Aren’t Sufficiently Provided For
Sometimes a a will may not make reasonable provision for the dependants of the deceased. In other cases, there might not be a will.
In this case, you might be eligible to make an inheritance tax claim in the Inheritance (Provision For Family and Dependants) Act 1975.
Lifetime Transactions and Gifts
If the deceased made significant financial transactions before they died, it could raise questions around fraud. Especially if another party unduly influenced them.
These gifts or transactions (often called ‘deathbed gifts’) can potentially be challenged. Especially if;
- They are of high value, either in themselves or relative to the total value of the estate.
- The deceased was coerced or unduly influenced.
- They lacked the mental capacity to make such a decision.
Executor Disputes
Executing a will is a serious responsibility and should be done with care and diligence.
If:
- People dealing with an estate cannot agree on how to execute it, or;
- There are concerns of the conduct of the executor or the estate administrator
It can have a big impact on the beneficiaries. As such, it is important to solve any issues or disputes quickly.
Trust Disputes
Trusts are often complicated to administer, especially when they involve high value assets or contain complex instructions.
If:
- Trustees cannot agree on how to administer an estate, or
- Have concerns about how a trust is being handled
it can result in a negative impact on the beneficiaries.
Making a Professional Negligence Claim Against the Will Writer
The standards of will writing services vary. Sometimes, even a professionally written will not stand up to scrutiny.
If a will:
- Contains mistakes
- Is not clear in its instructions
- Does not reflect the deceased’s true wishes, or;
- Is invalid
you might need to go to court for interpretation or rectification.
Court costs can have a negative impact on the value of the estate. If this is the case, you may have grounds to make a professional negligence claim against the will writer.
Why Choose Rothera Bray?
Our team includes members of the Association of Contentious Trust and Probate litigation Specialists (ACTAPS).
We have vast experience in helping our clients with all kinds of probate disputes.
Contentious Probate Solicitors FAQs
Can I get a copy of the Will?
While a person is alive, their will is confidential and only they can give you a copy.
When that person dies, their personal representative(s) or executor acts on their behalf. It is for them to decide whether to provide you with a copy of the will or not.
Once probate has been granted, the will becomes a public document. Anyone can order a copy from the Probate Registry.
What is a caveat?
A caveat prevents the issuing of a grant of probate or grant of administration.
A caveat is valid for six months. You should use this time to resolve any issues or disputes.
If you are unable to reach a resolution, you can renew a caveat on expiry.
What can I do if I think there's a more recent Will than the one being admitted to probate?
If you think there is a more recent copy of a will that has been submitted to probate, you should lodge a caveat with the Probate Registry as soon as possible. This will stop the probate being granted for an out of date or invalid will.
How much does it cost to contest a Will?
This depends on the case; how complex it is and if it goes to court or not.
If all parties can come to an agreement, they can settle a dispute at any time and divide the costs between them.
If a dispute cannot be resolved, and it must go to court, the court will decide how the costs are to be paid.
Can I prevent a grant of probate from being issued?
Yes.
You can prevent;
- A grant of probate, or
- A grant of administration
By lodging a ‘Caveat’ with the Probate Registry.
How can I find out if a grant of probate has been issued?
You can find out if a grant of probate has been issued by searching the Probate Registry.
Will I have to go to court?
Most disputes can be settled with negotiation and discussion without the need for court intervention. However, sometimes this is not possible, so court becomes the only option.
Rest assured, if your dispute does go to court, we will be there to advise and support you through the entire process.
What if there is no Will?
If a loved one dies without leaving a will, executing their estate is more complicated.
The deceased might have had verbal agreements with family and/or friends but never created a formal will. For example, if they promised to leave their house to a family member.
Without a will, there is no guarantee their wishes will be carried out.
We have expertise and experience to help you if this is the case.
We’re upfront about costs – so there’s no hidden surprises
