According to data featured in The Guardian, up to 10,000 wills are contested in the UK every year.
When someone we love passes away, it is naturally a distressing time. This distress can be intensified when probate begins, whereby the deceased person’s estate must be distributed according to their will.
Sadly, though, this isn’t always a smooth process, with countless variables that could lead to someone disputing a will or the results of probate.
If you believe the instructions of a will have not been followed in accordance with your loved one’s wishes, or in accordance with the law, you’re entitled to seek out a contentious probate solicitor.
At St Helens Law, we specialise in will and estate disputes, and can help you gain the clarity and justice you deserve in contentious probate issues, on behalf of those who are no longer with us. Speak to one of our expert solicitors today, or keep reading to learn more.
What is contentious probate?
Contentious probate (also known as probate litigation) is the act of challenging the way probate and the distribution of assets have been handled. Though the term can be applied to any legal disputes that arise in the wake of someone’s passing with regard to cash, assets and estates.
The most common element to be disputed is the will, in which someone – usually a family member – suggests the will is not valid (more on this in a moment) or that the assets have not been fairly distributed.
Contentious probate solicitors are probate specialists who work for you to gather evidence, advise on your legal rights, communicate with the parties involved, resolve disputes and negotiate on your behalf in estate administration. Should the issues remain unresolved, they can represent you in court, too.
You’re also able to raise a dispute if you feel you have not been adequately provided for in a person’s will, with no reasonable financial provision, or if you have been left out entirely and feel you have a rightful claim to the deceased’s estate. Because these cases relate directly to the Inheritance Act 1975, it’s essential to seek out specialist solicitors like us.
How can contentious probate solicitors help?
Here are just a few scenarios in which hiring the services of a contentious probate solicitor would be a wise move:
Challenging will validity and interpretations
As mentioned above, challenging the validity of a will is the most common reason probate is contested.
If you believe a will was made while someone was not of sound mind – for instance, the person may have been suffering from a mental or physical disability that impaired their judgement – you’re well within your rights to challenge it.
On top of this, if you feel the wording within a will is unclear or has been misinterpreted, this is also grounds for contesting it.
Undue influence concerns
A will must be made freely and without pressure from third parties. Unfortunately, this is not always the case, and someone may attempt to have a will changed in their favour.
During probate, if you feel someone has been unjustly awarded a large portion of an estate, or even the whole estate, and you are suspicious of the circumstances surrounding this decision, you should raise concerns.
Beneficiary disagreements and inheritance disputes
When there are multiple beneficiaries, there is always the potential for conflict when one party feels another should not have been named in a will, or should not have been awarded the level of assets they received.
Unsuitable executors
Executors are responsible for ensuring probate is followed per the deceased’s will. In most cases, the deceased party will have named someone they feel would act in their best interests.
However, whether through incompetence or acting for their own gain, executors are not always suitable for the task they’ve been given.
If you’re concerned that an executor is not acting responsibly through probate, and they are not willing to hand over responsibility to someone more appropriate, you should speak to a solicitor who will raise the issue officially with the probate registry.
Fraud and forgery claims
It may sound like something out of the movies, but there are instances where wills can be forged so that probate favours one or multiple individuals over others.
Contentious probate without a will
Contesting probate often involves the reading and interpretation of someone’s will, but what if the person in question left no will? This is where intestacy rules come into play.
This makes the situation even more complicated, as a family member or close friend will need to be assigned as an ‘administrator’ to the deceased’s assets in lieu of a will, which opens the floodgates to disputes before the dispersal of assets has even begun.
In these cases, you may believe the wrong person, or someone who does not have the best interests of the deceased at heart, may have been assigned administrator or is attempting to become the administrator. Or this process may have already been completed, and you wish to dispute how assets are or have been handled.
In either scenario, it’s the job of a contentious probate solicitor to help you.
How much does contentious probate cost?
Because every case is different, there is no boilerplate figure on what you can expect to pay to hire a contentious probate lawyer.
To find out more about the legal costs surrounding contentious wills and probate, and discuss your concerns in greater detail, give us a call today.
Need to make a contentious probate claim? St Helens Law is here for you
If any of the above is sounding familiar and you’re worried a loved one’s assets are or have been wrongfully distributed, rest assured that the specialist lawyers at St Helens Law understand just how much contentious probate matters.
With many years of experience dealing with wills, probate and contentious probate disputes arising as a result, we’re your ideal partner to offer practical advice and have such issues resolved swiftly in your favour. Even if court proceedings need to begin.
Whether you’re seeking rightful inheritance provision for family, wish to have alleged undue influence or trust disputes investigated, or are simply seeking the best legal advice in an inheritance claim, we’re the ones you need on your side.
To find out more, speak to the contentious probate team at St Helens Law today.