Contesting Probate

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Contesting Probate

Disputing probate is never a simple matter, particularly when it involves a disagreement between family members. Working with experienced probate solicitors can help you achieve the best possible outcome while minimising friction, and contribute to preserving delicate relationships at what is often an extremely stressful time.

The Inheritance Experts work with probate dispute solicitors who not only have the experience you need but who also act with tact and sensitivity, providing first-class legal advice so you feel confident you are making the right decisions for your circumstances.

Probate Disputes

A person may contest probate if they believe they received unfair treatment in a person’s will. They may also raise a dispute if they can show the testator:

  • was not of a sound mental state or did not understand what they were signing
  • was coerced into signing a will that was not an accurate representation of their wishes.
  • did not execute the will correctly, or when a will was drawn up incorrectly
  • did not sign what is presented as the true copy of the will, or where the original will has been lost
  • the will is fraudulent

Only someone who has an interest in the will is legally able to dispute probate. They need to be either a beneficiary, have received a promise from the testator that they would be left property, or be owed money by the estate. They can also be someone who was financially dependent on the person who died but who was left out of the will, such as an unmarried partner or child.

One example of a successful probate dispute involved the children of a divorced couple. The father was contributing financially to their upbringing but when he died his will made no financial provision for his children. Instead, his estate was left to his new spouse in its entirety. The children’s mother, acting as their litigation friend, disputed probate and the case was settled out of court with significant settlements being awarded to be held in trust for the children.

How to Contest Probate

Contact The Inheritance Experts if you are considering contesting probate or if you are the respondent in a probate dispute. We can listen to your side of events and give you legal advice on whether you have grounds to dispute probate and, if so, how to proceed.

If Probate has not yet been granted your solicitor may put a caveat on the estate, which prevents probate from being awarded and minimises the risk that the estate’s executor can dispose of any related assets. A caveat lasts for six months, with the option to apply to extend it for an additional six months.

Under the Inheritance Act, you only have six months from the date the Grant of Probate is issued in which to contest a will, which means it is critical you seek quality legal advice as soon as possible. Beneficiaries who are making a claim have twelve months, while there is no statutory time limit for probate disputes around fraud.

The surest way to protect your interests and those of your loved ones is to contact The Inheritance Experts today.

  • UK Wide Specialists
  • 98% Success Rate
  • Fast, Free Initial Consultation

Our areas of specialism include

  • Inheritance Act claims
  • Contested Court of Protection
  • Disputed Wills
  • Disputes over the identification of beneficiaries
  • Fraudulent Wills
  • Will challenging – Lack of mental capacity
  • Asset and property disputes
  • Estate administration disputes
  • Caveats
  • Burial disputes

Why should you contact us?

Fixed Fee Lawyers

We offer fixed fees for Wills, Probates & Lasting Power Of Attorney. Our Inheritance department covers all aspects of preparing wills and dealing with a person's assets after they have died.

Expert Solicitors

Our experienced solicitors are experts at dealing with inheritance disputes effectively and efficiently.
We are committed to securing the best possible outcome for you, while providing friendly support every step of the way.

Personal Dedicated Solicitors

On contact, you will be allocated your own expert solicitor in England & Wales, who will be there for you every step of the way.