Contentious Probate Solicitors 

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Probate is usually required when the deceased has money or other assets in a bank and those exceed a certain amount. Generally, probate is not needed if the value of the assets is under £10,000, or if they are held in a trust.

If you feel like you have been with less than what you deserve or what you have been promised, our team of solicitors specialising in wills and probate can help you find out if you could challenge the will or contest probate and get the inheritance that is rightfully yours.

Contact our probate solicitors in Birmingham, London and Northampton. Call us on 0300 303 2071 or send us an enquiry at info@witansolicitors.co.uk.

What is Contentious Probate?

Contentious probate refers to legal disputes and conflicts that arise in the process of administering a deceased person’s estate. When someone passes away, their assets and belongings are distributed according to their will or the laws of intestacy if there is no valid will. Probate is the legal process by which the deceased person’s estate is managed and distributed.

How Our Solicitors Can Help

Our contentious probate solicitors can help you with disputes relating to:

• The Validity of the Will: Disputes may arise if there are concerns about the validity of the will. This could be due to allegations of undue influence, lack of capacity, fraud, or improper execution of the will.
• Inheritance Act Claims: The Inheritance (Provision for Family and Dependants) Act 1975 allows certain individuals, such as spouses, children, and dependents, to make claims against an estate if they believe that the deceased’s will or the rules of intestacy do not adequately provide for them.
• Executor Disputes: Disagreements may occur among the executors or administrators responsible for managing the estate. This could involve issues related to the administration of the estate or the interpretation of the deceased’s intentions.
• Disputes Over Assets: Contentious probate can also involve disputes over specific assets within the estate. For example, there may be disagreements over the ownership of property, bank accounts, or valuable possessions.
• Professional Negligence: In some cases, there may be allegations of professional negligence against solicitors, will writers, or other professionals involved in the creation or execution of the will.

Resolving contentious probate matters often requires legal proceedings, and involved parties may need to seek the assistance of the courts. We recommend you seek legal advice to help get a better understanding of your rights and options.

Common Claims for Contentious Probate

Our team of will dispute and contentious probate solicitors regularly help people with:

• Challenging a Will for lack of capacity, coercion/undue influence and fraud amongst others
• Inadequate or no financial provision under a Will or from an estate
• Claims regarding agreements or promises made by the deceased before death
• Caveats against probate
• Application to rectify wills
• Applications to remove or substitute personal representatives
• Claims concerning the administration of an estate
• Devastavit claims against executors who mismanage estates or squander assets
• Costs in a probate claim including Beddoe Orders

Who Can Make a Contentious Probate Claim?

Depending on the type of claim being pursued, the category of individuals can be limited by statute. For example, claims for Inadequate or no financial provision under a Will or from an estate brought under the Inheritance Act 1975 can only be made by:

• The spouse (civil partner) of the deceased
• The divorced spouse/separated civil partner of the deceased (if they have not remarried/entered a new civil partnership)
• A partner who has lived with the deceased for at least two years
• Any children of the deceased regardless of their age
• Adopted, fostered or stepchildren of the deceased
• Any person who was treated as a child of the deceased
• Any person who was supported financially (partly or totally) by the deceased

It is important you seek early advice from a contentious probate solicitor as soon as possible to assess whether you can claim. It is also very important you do not delay getting such advice as strict time limits apply to certain claims and early action can protect your claim.

If your relationship to the deceased is listed above and you have not received the inheritance you anticipated, you may have grounds for a claim. Speak to our will solicitors to find out how we can help.

Removing Executors

Contentious probate solicitors play a crucial role in addressing conflicts that may arise regarding the actions or conduct of executors. If beneficiaries or interested parties have legitimate concerns about an executor’s suitability, a solicitor can take various actions to seek the removal of the executor. This may involve gathering evidence of the executor’s mismanagement, breaches of fiduciary duty, or instances of misconduct. Contentious probate solicitors can then initiate legal proceedings, typically by filing a court application to challenge the executor’s role. The solicitors will present a compelling case, drawing on their knowledge of probate law, to demonstrate why the executor should be removed. Additionally, these solicitors may explore alternative dispute resolution methods, such as mediation, to negotiate a resolution without resorting to lengthy court proceedings. By leveraging their expertise and legal acumen, contentious probate solicitors aim to ensure that the estate administration is carried out by the law and in the best interests of the beneficiaries.

Resolving Disputes between Beneficiaries

Solicitors in this field can adeptly navigate disputes between beneficiaries, aiming for resolutions that uphold the principles of fairness and equity. These solicitors often commence by conducting a thorough review of the contested issues, including scrutinising the terms of the will, assessing the validity of any claims, and identifying potential areas of contention. To address conflicts between beneficiaries, solicitors may employ alternative dispute resolution mechanisms such as mediation or negotiation, fostering an environment where parties can express their concerns and work towards mutually agreeable solutions. Should these methods prove insufficient, contentious probate solicitors can escalate the matter to formal legal proceedings, initiating court actions to protect their client’s interests. By leveraging their expertise in probate law and their understanding of the intricacies of inheritance disputes, these solicitors play a pivotal role in resolving conflicts among beneficiaries, ultimately striving to achieve outcomes that align with the intentions of the deceased and the principles of justice.

Claims By or Against the Estate

Contentious probate solicitors serve a vital role in navigating and resolving claims involving estates. When individuals wish to contest a will or assert a claim against an estate, these solicitors are instrumental in guiding clients through the complex legal processes. They provide expert advice on the validity of claims, assessing factors such as undue influence, lack of testamentary capacity, or improper execution of the will. Conversely, when an estate faces claims, solicitors can represent the estate’s interests, offering a robust defence against contested matters.

They are skilled in negotiation and dispute resolution, often seeking amicable settlements through mediation to avoid protracted court battles. However, if litigation becomes unavoidable, these solicitors are well-equipped to initiate and handle legal proceedings, advocating for their clients to ensure a fair and just resolution of claims involving or against the estate. Their comprehensive understanding of probate law and their ability to navigate the complexities of inheritance disputes make them indispensable in safeguarding the interests of their clients in the face of contentious probate challenges.

Why Choose Us?

We have been helping clients across the Midlands and throughout the UK with their contentious probate cases since 2014 and we are here to help you reach a favourable outcome as well.

Benefit from the following:

• Probate solicitors boasting a collective legal experience exceeding 100 years
• Legal 500 recognised
• Sincere, jargon-free counsel
• In-depth comprehension of probate matters
• Expertise in handling intricate cases
• Highly qualified and knowledgeable solicitors
• Legal services in multiple languages

Proven Track Record

With over 100 years of combined experience as solicitors who deal with contentious probate, we have the knowledge and expertise to win your case and make sure you receive the inheritance you deserve. With a proven track record of successfully resolving will disputes, choosing Witan Solicitors is the safe choice.

Human Approach

We know that losing a loved one is incredibly difficult and being involved with inheritance disputes makes the situation even more stressful. Therefore, we approach every case with patience and compassion. We consider your situation and we spare you the complicated legal jargon, so you can clearly understand the process.

Your Local Solicitors for Wills and Contentious Probate

If you are based in the West Midlands, and wondering if there is a contentious probate solicitor near me? Look no further, with offices in Birmingham, Northampton and London, here at Witan Solicitors, we are the local contentious probate and wills specialists you can trust.

FAQ

What is the difference between contentious probate disputes and will disputes?

A contentious probate dispute relates to a disagreement in regards to how a person’s estate is distributed after their death, whereas a will dispute is about issues with the Will itself.

What are the four grounds for contesting a will?

1. Not all legal formalities were adhered to when signing the Will
2. The person who made the Will lacked the mental capacity to do so
3. The person who made the Will was coerced or unduly influenced
4. There was a fraud or forgery with the Will.

How much does it cost to contest a will?

The cost of contesting a will is dependent on the complexity of the case. If the case is resolved by a mutual agreement before it reaches the court, the legal costs will be significantly less than if the will dispute is taken to trial. Contact Witan Solicitors for a quote today.

Who pays to contest a will?

During the process of contesting a will, each party pays its legal fees. However, the losing party can be mandated to pay the winning party’s legal costs

Is contesting a will worth it?

This depends on the size of the estate and whether the case is taken to court. It is generally worth contesting a will unless the legal costs are estimated to exceed the value of the estate.

Can I challenge a will after probate is granted?

There is no legal reason to prevent you from contesting a will after a grant of probate has been issued. However, it would be more cost-effective to do so before the probate is granted.

What are the distinctions between contesting a will and contentious probate?

Contesting a will involves challenging its validity, while contentious probate encompasses broader disputes over estate administration, including issues beyond the will’s validity. Both involve legal processes and may necessitate court intervention.

In the absence of a will, what are the implications?

Without a will, UK intestacy laws dictate how the estate is distributed. The deceased’s closest relatives inherit following a predetermined order, emphasising the importance of estate planning.

Is it possible to designate a new executor?

Yes, it is possible to appoint a new executor. This process often involves obtaining a renunciation from the current executor or seeking a court order for their removal.

Will a court appearance be necessary for contentious probate?

Yes, contentious probate cases in the UK may require a court appearance, particularly when disputes arise over the validity of a will, asset distribution, or other estate-related matters.

What are the expenses associated with contentious probate, and who bears the costs?

Costs vary, and the losing party may be ordered to pay. Legal advice is crucial to understanding the potential expenses, and funding options may include personal funds, legal aid, or conditional fee arrangements.

How can I manage the financial aspects of my claim?

Financial aspects can be managed through personal funds, legal aid (if eligible), or contingency fee arrangements with legal professionals.

What is the timeframe for initiating a claim?

The general timeframe for initiating a contentious probate claim in the UK is within six months from the grant of probate or letters of administration.

On what grounds can probate be challenged?

Probate can be challenged on grounds such as lack of testamentary capacity, undue influence, fraud, or improper execution of the will.

What is the procedure for claiming under the Inheritance Act 1975?

To claim under the Inheritance Act 1975, eligible individuals must demonstrate they have not received reasonable financial provisions. The court considers various factors, including relationships and financial needs.

What occurs if there is no response to a claim?

If there is no response to a claim, legal proceedings may ensue, and the court will adjudicate based on presented evidence.

How is “reasonable financial provision” defined?

“Reasonable financial provision” under the Inheritance Act 1975 refers to the amount necessary for the claimant’s maintenance, taking into account various factors, including their financial needs and the estate’s size.

What evidence is required to demonstrate a will was executed under undue influence?

Evidence may include direct proof, such as witness testimony, or circumstantial evidence demonstrating coercion or manipulation leading to the creation of the will.

How can a breach of trust be substantiated?

A breach of trust can be substantiated through evidence showing a breach of fiduciary duty by the executor, such as mismanagement of assets or failure to fulfil their responsibilities.

Are there time constraints for initiating a contentious probate claim?

Generally, contentious probate claims should be initiated within six months from the grant of probate or letters of administration, though exceptions may apply.

What justifies the removal of an executor?

Grounds for executor removal may include incompetence, misconduct, conflict of interest, or failure to fulfil their duties. Court approval is typically required.

What information am I entitled to regarding an estate?

Beneficiaries and interested parties are entitled to information about the estate, including assets, liabilities, and distribution plans.

As an executor facing a potential claim, can assistance be provided?

Yes, as an executor facing a potential claim, seeking legal advice is crucial. Professionals can guide through the process, assess the claim’s validity, and provide necessary defences.