Unfortunately when a loved one dies a dispute can arise as to either the Will or what happens to the Estate.
Disputes arise as to whether a Will has been property drawn up, is defective or has been made as a result of the undue influence of a third party. In these cases contesting a will is the way to resolve the situation. Sometimes a relative or person who has been maintained by the deceased has not been left any monies under the terms of the deceased’s Will or where there is no Will under the rules of Intestacy.
Contentious Probate: What You Need to Know
Losing a loved one is hard enough but dealing with a dispute over their will or estate can make it even more difficult and stressful. Contentious probate refers to legal disputes that arise after someone dies, typically involving the validity of a will or how the estate is to be administered.
Common claims include:
- Challenges to the will – Concerns over mental capacity, undue influence, or improper execution.
- Claims for financial provision – Under the Inheritance Act 1975, certain individuals can claim if they believe the will (or lack of one) doesn’t make reasonable financial provision for them.
- Executor or trustee disputes – Disagreements about how the estate is being handled.
- Allegations of fraud or forgery – Where there are suspicions about the authenticity of a will.
These disputes can be complex and emotionally charged. Acting quickly can help protect your position, preserve estate assets, and, in the majority of case, lead to a resolution without the need for court proceedings.
How we can help
If you’re facing or anticipating a dispute, our team can advise you on your rights, help mediate where appropriate and take robust legal action when needed.
We are here to guide you through the process with clarity and compassion.
Paying the legal costs
We have a number of funding arrangements to assist including private paying, no win no fee agreement and deferred payment arrangements each tailored to suit your needs. Our first call is always free.
For friendly, clear and above all practical advice call our team on 01633 867000, or submit an enquiry through our online form.
The content of this article is intended for general information purposes only and is accurate as at the date of publication.The article shall not be deemed to be, or constitute legal advice.We accept no responsibility for any loss as a result of acts or omissions taken in respect of the content.
