Contentious Probate Advice

Dealing with the death of a loved one can be a highly distressing experience, especially if there are disputes with their estate. If you’re looking for help with contesting a will, our highly experienced contentious probate solicitors are here to help.

What is contentious probate?

Contentious probate means a dispute over a person’s will. The probate process refers to checking over a will and distributing assets appropriately. When there is a dispute, it could be related to how the person’s estate is handled, or the contents of the will itself.

Disputes can arise for many reasons, including family arguments or questioning over wording. Whatever the cause, our experienced probate solicitors will help you find a resolution.

What’s the difference between contentious probate and contesting a will?

Contesting a will comes under the umbrella of contentious probate. If you want to contest a will, you might do so on the basis of what’s written in the will, or how the estate is distributed. There may be many reasons for a dispute, from administrative errors to unethical practices.

Who can contest a will?

If you are classed as an ‘interested person’, then you can contest a will. This includes spouses or civil partners, both of whom have the same legal rights under the Inheritance (Provision for Family and Dependants) Act 1975.

Other interested persons may include:

• The executor (the nominated person to carry out the deceased’s wishes)
• Anybody who lived with the deceased
• Children, including adult children
• Siblings and other living relatives
• Other beneficiaries (recipients of the estate)
• Anybody financially dependent on the deceased
• Anybody or any organisations who were promised an inheritance/disinherited.

Beneficiaries mentioned in earlier wills may also be able to contest one. Whatever your situation, we’ll listen to your story and help you gather evidence to support your dispute.

What makes a will valid?

A will must meet certain requirements to be legally binding. If it does not, this could be grounds for contesting a will (see more below). It must be signed by the testator (the deceased) with two independent witnesses. The testator should understand what they are doing, and the witnesses should sign the will in their presence.

On what grounds can I contest a will?

You can contest a will for one or more reasons, ranging from clerical errors to fraud. These include:

Rectification and construction

This refers to the wording of the will itself. The instructions may be vague, unclear, or may not carry out the deceased’s wishes.

Improper execution

Legally, this is known as ‘lack of due execution’. It means that the necessary processes were not followed, such as having the will in writing and witness signatures.

Fraud or forgery

Examples of fraud or forgery in a will include faking signatures or making changes to it without proper authorisation.

Undue influence

This is when a person was forced to make changes against their will, also known as duress.

Lack of testamentary capacity

Testamentary capacity refers to mental capacity. If the testator was incapable of making their own decisions when making the will, there may be grounds to raise a dispute.

No knowledge or approval of the will

The will must be clear. If the testator did not understand or approve of the will, this could cause disputes.

Defending a will

In some cases, you may seek a contentious probate solicitor if somebody is raising a claim against you. We can give you expert legal guidance on this.

Other forms of probate disputes

Executor misconduct

A testator can have up to four executors, though this can make things complicated. If an executor fails in their duty to meet the deceased’s wishes, this may count as misconduct. It could simply be through carelessness, or in their best interests.

In some cases, co-executors may want to remove another executor. If you feel that a co-executor is not acting in the best interests of the testator and the beneficiaries, we can help.

Beneficiary disputes

Sometimes, those named in the will may take issue with its terms – for example, they may say they were promised more than another beneficiary. We can help you settle these, even in stressful family situations.

Intestacy

If a person dies ‘intestate’, this means they have done so without making a will. In this case, our experienced probate solicitors can help you contest issues such as who should distribute the estate, covering financial dependents, or inheritance for an estranged spouse.

Inheritance Act claims

You may be able to claim under the Inheritance (Provision for Family and Dependents) Act 1975 if you’ve been left out of a will, or not left enough. If you were married or a civil partner, a child or stepchild, or an ex-spouse/civil partner who hasn’t remarried, you may be able to claim. You could also claim if you can prove you were a financial dependent.

We can help you through these complex claims, looking at your relationship with the testator and the size of the estate.

Proprietary Estoppel

Proprietary Estoppel refers to claims for property ownership – for example, if you were promised all or some of a property as part of your inheritance. We can help you gather evidence to support this if you’ve missed out on what is rightfully yours.

Trust disputes

A trust enables a trustee to look after and manage any assets on behalf of the beneficiaries. Disputes can arise if the trustee is not acting within the terms of the deed, or if the value of a trust property is contested. Our probate solicitors will help you interpret the documents to resolve these issues.

How to contest a will

If you wish to contest a will through our experienced will, trust and estate dispute solicitors, you should get in touch with us as soon as possible. Will dispute claims should begin before the executors start to distribute the assets.

We will process your case if we’re satisfied that you have grounds to raise a dispute. If so, we will ‘enter a caveat’ with the Probate Registry. This gives us six months to evaluate your circumstances.

To support your case, we will help you gather:

• A copy of the will
• Documents to support your claim
• Witness statements

These documents might contain details of any medical records if the testator was unable to make their own decisions. You may also have other evidence to explain their conduct before their death, or their overall intentions. We will then:

• Contact the appropriate personal representatives (executors and administrators) for the estate
• Use our supporting evidence to secure a settlement.

This may involve a private mediation process, or other forms of Alternative Dispute Resolution. In all cases, we will work hard to avoid court appearances. You should be mindful that executors have the right to lodge a ‘warning’ with the Probate Registry. This could result in a court appearance if you wish to support your claim. We’ll keep you informed throughout the process.

Why choose Vincents’ contentious probate solicitors?

At Vincents’ Solicitors, we specialise in giving clear, unbiased advice to settle your probate claims quickly. We aim to solve the majority of our claims without going through the courts, seeking mediators and amicable resolutions to put your mind at rest.

Our specialist contentious probate solicitors have decades of experience reclaiming thousands of pounds in will disputes. We’re fully regulated by the SRA and are accredited family law practitioners. If you’re looking to have your case settled clearly, transparently and quickly, get in touch today.

How much does a contentious probate cost?

Your contentious probate claim cost will vary depending on how it’s handled. If it can be negotiated out of court, then you will only have to pay our fees, starting from £250+VAT per hour. If your case needs to go through court, then there will be additional court fees.

We will keep you informed throughout the process and let you know all options, include Alternative Dispute Resolution.

What is the success rate for contesting a will?

The chances of a successful contentious probate claim depend on whether or not you meet the legal requirements. The stronger your evidence, the more likely you are to succeed – though this can be complex, for example, in cases of limited mental capacity.

As a general rule, about 50% of cases settle out of court. Of those that do go to court, very few (around 2%) go to a final trial. We will help you gather evidence to make yours the strongest case possible.

Can one executor make decisions without the other?

If the testator has assigned two or more executors, then one cannot make decisions without the consent of the other. All significant decisions must be signed off by all executors, even if one is taking on most of the tasks.

What are the grounds for removing an executor?

An executor can be removed if they are deceased, unable to make their own decisions, or have been outside of the UK for more than 12 months. In other cases, they may refuse or be unfit to act – such as if they have a conviction for fraud. Others may consent to being removed for personal reasons. We can help you go through the necessary processes depending on the circumstances.

Can a will be overturned after probate?

It is possible to overturn a will after probate, but it is much more difficult. There will be time limits to do this for some claims, such as Inheritance Act Claims. In other cases, such as fraud or undue influence, there are no time limits. We generally advise that you get in touch with us as soon as possible, ideally before probate has been granted.

Can I contest a will after assets have been distributed?

You can still contest a will after assets have been distributed, but it is significantly harder. Grounds for doing so include if the will is invalid, or if you’re making a claim through the Inheritance Act or Proprietary Estoppel.

What is Alternative Dispute Resolution for Contested Wills?

Alternative Dispute Resolution is a more cost-effective way of settling claims without having to go to court. The process may include:

• Negotiation: A straightforward agreement involving two parties, either in person or in writing.
• Mediation: When a third-party mediator comes in to help two parties reach an agreement, without going through the courts.
• Arbitration: This involves an independent arbitrator, with a panel of up to three people examining documents. This is similar to a tribunal, without the courts.
• Conciliation: Conciliators do not act on behalf of either party, and are called in when there are more complex legal issues.

We aim to process all contentious probate claims through ADR to resolve your dispute faster, without unnecessary court fees.