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Contentious Probate
What is Contentious Probate?
Contentious probate refers to any dispute about how a person’s estate is administered after their death. Losing a loved one is very difficult and problems with how their estate is being handled can make it even harder. If you feel that a loved one’s estate is not being managed properly, our partner solicitors can help you contest probate.
Types of Disputes
Many situations our partner solicitors IDR Law are asked to help with issues that involve a number of different claims that are entwined; it is not unusual to think you have one type of claim or defence, only to find that the solicitors advise that an entirely different one is best suited to reach your goal. This depth of experience and “know-how” is what comes from being a truly specialist practice.
Will Disputes
A claim or defence relating to an allegation that a will is not valid for one of a variety of grounds, including lack of testamentary capacity, undue influence, lack of knowledge and approval, revocation, fraud, or forgery.
Disappointed Beneficiary Claims
A claim or response to a claim by a family member or dependent seeking greater financial provision from an estate than a will or intestacy gives them. In simple terms - claims involving a disappointed beneficiary who is seeking more.
Executor Disputes
Resolving problems arising between executors trying to administer an estate - ranging from delay, theft, fraud and death to disagreements on a course of action. May ultimately result in removal applications and orders.
Administration Disputes
Challenges encountered by those administering the estate – including disputed estate debts, court approval orders, contract disputes, valuation and sale problems, litigation protection orders.
Trust Disputes
A wide range of issues including trust administration problems, disclosure problems, delay, fraud, self-dealing, and a whole range of conduct-based issues involving trustees. Includes trustee removal applications.
Administration Disputes
Challenges encountered by those administering the estate – including disputed estate debts, court approval orders, contract disputes, valuation and sale problems, litigation protection orders.
Contentious Probate Solicitors
Contentious probate requires expert specialist solicitors, these solicitors are experts at resolving disputes, including the following.
- The interpretation of the Will
- The value of the assets involved
- Dealing with an executor who has mismanaged the estate
- Disagreements between beneficiaries
- We can also help you contest probate if there is no Will and you want to challenge how the estate has been divided up.
- A person’s legacy is a significant thing and it’s important to know that it’s being handled in a way that’s fair to those inheriting and doesn’t damage its value. Estates can be very complicated, especially when there are multiple properties or international assets involved. Complex wealth structures incorporating trusts or rural estates can also present unique challenges. Our team is the largest in the country and is experienced at dealing with disputes of all shapes and sizes. We have the expertise to help, whatever the nature of your dispute, whether you’re making a contentious probate claim or defending one
- Have a free phone call with a probate specialist to decide the best route forwards
- The opportunity to finance your legal costs (which can be later paid by the estate)
Most disputes can be resolved by negotiation and discussion, without having to go to court. However, sometimes this isn’t possible and court is the only way.
Our partner solicitors understand that most people would prefer to keep their dispute out of court, and they will always do everything they can to try and reach an agreement by mediation. However, if your dispute does have to go to court, they will support you at every stage. We only deal with the top solicitors who have the experience to handle court disputes efficiently and effectively, to achieve the best outcome for you.
The cost of a Will, trust, probate or estate dispute varies from case to case, depending on time, complexity, and whether or not you have to go to court.
A dispute can be settled at any time if the parties can come to an agreement, and they can then decide how to split the costs between them. However, if an agreement can’t be reached and the case has to go to court, the court will decide how the costs will be paid. Ask about contentious probate finance.
There are various ways you can cover the cost of your claim, depending on your case. These include:
- Legal Expenses Insurance
- Conditional Fee Agreement (‘No Win No Fee’)
- Payment on conclusion
- Private monthly billing.
We understand that funds and assets may be tied up in the disputed estate, and we have options to ensure that’s not another worry on your mind. We’ll discuss the different payment options with you at the start.
Your first consultation with us is completely free, and there’s no obligation to continue.
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- email@probatespecialistltd.co.uk
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