Contentious Probate

Dove

What is Contentious Probate?

When someone objects to either the distribution of the assets in a Will or the distribution of the Estate under the Rules of Intestacy if no Will exists, this is Contentious Probate.

Such situations are stressful at an already difficult time.

There are various situations where we can help, and we won’t charge for time we spend to establish what help we can offer, and if you need it.

We’ll chat to assess your situation and circumstances, and work out the best way forward. Often we can help nip things in the bud before they escalate. We will also be upfront about whether we can help and any fees which will become chargeable.

We can help with:

  • Wills challenged because legal formalities not followed
  • Wills challenged because person making it didn’t have capacity or understanding
  • Wills challenged because of fraud or undue influence
  • Wills challenged because of other Wills which have been “lost”
  • People being left out of Wills. There’s an Act from 1975 which enables certain categories of people (children, spouses, cohabitees and others) to claim against an estate if they were financially dependant on the person who’s died
  • People who have given up something (e.g. their career) because of a promise (e.g. you can have the house) which doesn’t then feature in the Will
  • Problems with executors or trustees
  • Claims against professional advisers
  • Trusts and charity disputes
  • Negligently drafted Wills
  • Wills signed during the Covid pandemic

Often in such situations, going to Court is extremely expensive and unpleasant. Therefore, when it’s appropriate and possible, we’ll work towards settling the matter in a way that not only preserves as much money as possible for the people involved, but also their sanity and hopefully relationships!

We offer a free consultation because we care about our clients and we believe it’s the right thing to do. Please call us on 01727 840 240 for a chat.

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