How to Complain About a Probate Service

As we state on our probate page, these inheritance matters can encompass any number of services, such as:

• Obtaining a grant of probate;
• Estate administration, or;
• If you’re acting as an executor.

If you do have a dispute over probate, our expert solicitors may recommend entering a caveat on the estate courtesy of the Probate Registry.* Accordingly, you can prevent the grant of probate, thus minimising the risk that an executor can distribute any estate assets. Again, you’ll need to act fast: some probates will receive a grant in as little as three weeks.

In contrast, a caveat lasts for six months. Moreover, there’s an option to apply to extend it for an additional six months.

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

Complain While Keeping Families Together

Disputing and contesting probate is never a simple matter, especially regarding a disagreement between family members. Working with capable probate solicitors, you achieve the best possible outcome and reduce family tension.

The Inheritance Experts work with probate dispute solicitors. We have the experience you need, plus we act with tact and sensitivity. It’s our job to provide first-class legal advice. Because you need to be confident that you’re making the right decision for the right reasons.

In short, most complaints about probate deal with those who feel they’ve been unfairly treated. They may also raise a dispute if they can show the testator (i.e. the deceased party) falls short in any of the following areas.

• The testator was not of a sound mental capacity or did not understand what they were signing.
• The testator copes with coercion and undue influence, thus causing them to unwillingly sign the will. Moreover, the will doesn’t accurately represent their wishes.
• Also, the will is not rendered in the correct fashion.
• There may also arise a situation where they did not sign the true copy of the will.
• Along similar lines, they lose the original will and testament.
• There are also situations where the will is fraudulent.

But remember: to make a complaint against probate, you must be legally able to dispute probate.

Who Is Legally Able to Dispute Probate?

That is truly the perfect follow up question, isn’t it? In short, to complain about probate, you need to be:

• An official beneficiary;
• A person who receives a promise from the testator that you will receive the property;
• Somebody or some debt collector that the testator still owes money to;
• Alternatively, someone financially depending on the testator but left out of the will. Examples may include their unmarried partner or child.

One example of a successful probate dispute involved the children of a couple who divorce. The father was contributing financially to their upbringing. However, upon death, the parties realise his will makes no financial provision for his children.

This is as a result of the Provision for Family and Dependants Act 1975. In turn, she pursues the complaint on the advice of a solicitor.

Instead, the estate went to his new spouse in its entirety. The children’s mother, acting as their litigation friend, raises a dispute of the probate. Eventually, the case reaches a settlement out of court, and significant rewards sit in trust for the children.