The death of a loved one is an emotionally stressful time. But this stress can be amplified if you feel probate needs to be contested.
If you’re not satisfied with the way probate is being handled, and you believe the desires of the deceased are not being honoured, St Helens Law is here for you. Our wills and probate solicitors are highly experienced in such areas of the law.
We’ll help you ensure the estate of the person in question is investigated and handled in accordance with their wishes. Speak to one of our probate solicitors today to learn more.
What are Contentious Probate Disputes?
Contentious probate arises when someone questions the way in which a deceased person’s estate is being handled. It is the legal term for raising a formal dispute over how someone’s money, property and assets should be distributed once they’ve passed away.
Common reasons for contentious probate arising include:
Questioning the validity of a will
This is the most common reason, usually occurring when someone feels a will has not been executed accurately, or that the person making the will was under undue influence, or lacking in mental capacity.
Enforcing the Inheritance Act
If someone feels that they have not been adequately provided for in a will, they can make a contentious probate claim. This often relates to children, spouses and financial dependents.
Disputes with Executors
Executors are responsible for administering the estate of the deceased, but they don’t always do this properly. If you believe an executor is not performing their role effectively, or that they may be acting for their own self-interests, you should raise a claim.
Intestacy
Intestacy means someone has died without making a will, meaning their estate is distributed according to existing legal protocols – but these protocols can be contested.
Forgeries, mistakes and ambiguity
If you suspect a will (or parts of a will) has been forged, or that clerical errors are present, these are acceptable grounds to contest probate. In the same breath, if the wording of a will is too unclear, it should also be questioned.
If any of the above sounds familiar, St Helens Law has the skills and the knowledge to support you. Contact one of our expert contentious probate solicitors today.
Why Choose St Helens Law for Your Contentious Probate Case?
Experienced Solicitors
With decades of combined experience amongst our team, including in-depth probate issues, we’ll always have the right person to assist you.
Tailored Advice
We closely examine your claim and offer knowledge and actionable advice relevant to your specific case, advising you every step of the way.
Free Consultations
When you first reach out, you’ll be able to explain the situation to one of our experts absolutely FREE, without being tied into further legal services.
Compassionate Support
Our team has a wealth of experience dealing with complex family matters regarding probate, so we understand exactly what you’re going through.
Our Contentious Probate Process
Initial Consultation
When you sit down with a member of our team, we’ll let you explain everything so we can give you a clearer picture of whether or not you’re eligible to make a claim. If you are, we’ll get the wheels in motion for you.
Investigation and Analysis
We’ll gather any relevant documents and evidence, including wills, medical records, witness testimonies and more, to arm ourselves with all the tools we need to help you see that justice is done.
Resolution Strategy
We’ll do our best to resolve the issue with the third party without the need for court proceedings, which is often the case. However, if a settlement can’t be reached, we will draft a formal claim and submit it to the court on your behalf. Once proceedings are concluded, the court will offer a final decision on how the estate will be handled – hopefully, in your favour.
How Our Contentious Probate Solicitors Can Help You
Will Disputes
If you believe a will doesn’t accurately depict the wishes of the deceased, we’ll investigate the will and surrounding circumstances to give you the best chance of a successful challenge.
Inheritance Claims
Feel like you’ve been short-changed in a will? We’ll let you know if you have a legal basis to ask for more, and fight on your behalf so that you receive the maximum amount.
Estate Administration Conflicts
When there are disagreements between beneficiaries and executors, we can act as the “middleman”, ensuring a balanced argument and reasonable results for all.
Mediation and Litigation
We’ll communicate with all involved parties to try and find a swift resolution that benefits everyone and, most importantly, reflects the will accurately. If this isn’t an option, we’ll craft the strongest legal argument possible, so you can benefit from a desirable outcome.
Speak to St Helens Law for Expert Contentious Probate Advice
If you’re ready to contest probate and feel like you have a solid legal basis to put forth a challenge, St Helens Law is on your side.
From contentious probate issues and inheritance act claims to trust disputes and more, our probate specialists are the team to speak with.
To find out more about our services and how we can help, speak to one of our contentious probate lawyers today.
Contentious Probate Services FAQs
If a case can be settled via an out-of-court resolution, contentious probate cases may not take very long at all and can be dealt with in a matter of weeks. However, should the challenged party feel the claim is baseless and choose to go to court to defend their stance, a full court trial in the UK can take anywhere up to two years, or even longer. But we’ll be by your side at every stage of the process.
At St Helens Law, we understand that contentious probate cases are very delicate scenarios, and that every case is different with its own nuances. That’s why we can’t offer you a flat fee here. Instead, we’d recommend booking in for a free consultation with a member of the team. Once we have more information about your case, we’ll be able to put together a more accurate cost for our services.
The vast majority of contentious probate cases never see the inside of a courtroom and are settled through negotiations with solicitors like ourselves. However, if we’re unable to reach a reasonable agreement between you and the challenged party, we will need to begin court proceedings. We will act as your personal representatives in such matters and will always advise you whether we believe this to be the best course of action in your specific case.