Contentious Probate

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Things To Know

What is contentious probate?

Contentious Probate is a collective term for disputes to an estate upon the passing of a loved one. Common contentious probate claims include the will not being valid, or further provisions being required from a person's estate.

Grounds for disputing a will

Wills can be challenged if you believe it was made under the influence or involvement of someone else, if the individual lacked the mental (testamentary) capacity to make decisions, or if you suspect forgery or fraud of any kind.

Who can make a claim?

The claimant is usually a family member or a financial dependant who the person has regularly provided for. A claim would be made under the Inheritance (Provision for Family and Dependants) Act 1975.

What do I need to do?

Oakwood Solicitors Ltd specialises in most areas related to Wills and Probate, including estate administration and contestations. Contact us for a free initial consultation, for legal advice on grounds of contesting a Will.

Working with you

to ensure your loved one's wishes are carried out as intended.

Reasonable financial provisions

that you are rightly entitled to receive.

Award-winning solicitors

and experts in Wills and Probate matters.

The Experts in Contentious Probate

Oakwood Solicitors Ltd's team are experts in dealings with disputes about how a person's estate is administered after their death, whether or not a Will is presented.

If a Will is presented, we would look to resolve any disputes regarding the interpretation of the will, any disagreements between the beneficiaries, or in dealing with an executor who has mismanaged the estate. If a Will is not presented then a contestation of probate would occur.

What is Contentious Probate?

Contentious Probate is a collective term for disputes to the administration of an estate upon the passing of a love one.

Common contentious probate claims include the validity of the will, or if further provisions are required from a person’s estate. It is more commonly known as a Will Dispute, as it disputes the interpretation of the individual’s last wishes as written on their will – or in some cases if a will has not been presented at all.

Types of Contentious Probate claims

Disputes over the validity of a Will or Codicil – this is where the validity of the will is questioned, on the basis it was not signed or witnessed correctly, if the deceased did not have testamentary capacity when drafting the will, or if they were being coerced or influenced by others when making the will.
Claims made under the Inheritance (Provision for Family and Dependants) Act 1975 – The claimant is usually a family member or a financial dependant who the deceased has regularly provided for. The courts can exercise discretion and award reasonable financial provision from an estate if proof is provided that the decease has been regularly supporting the individual financially for a standing period of time.
Rectification Claim – this is where a mistake has been made on the will and a claim is submitted for it to be rectified.
Disputes over the administrative role – taken by the Executors to ensure the wishes of the deceased are carried out as intended. If they refuse to organise the estate, do it wrong, take too long or fraudulently use the money/assets for their own benefits.
Claims to honour the deceased’s promise not reflected in their will – sometimes known as proprietary estoppel, this is where a promise has been made verbally with the deceased whereby the person to whom the promise was made has acted to their detriment, relying on the original promise.
Professional Negligence claims – associated with the drafting of the will or the administration of the estate.

Time limit on a Contentious Probate claim

If for any reason, you are unhappy with the administration of the estate or the instructions of the will itself, it is vital that you seek legal help immediately.

General timeframe for contesting a will can be as little as six months from the date the grant of probate is issued, or sometimes referred to as the letters of administration.

What do I do now?

If you believe or feel you have a Contentious Probate claim, contact us for a free initial consultation regarding your options:

0113 200 9720

enquiries@oakwoodsolicitors.co.uk

Katie Bell - Director, Solicitor Advocate and Head of Costs

Katie Bell is a Director, Solicitor, Higher Rights Advocate Civil Proceedings, who is the Head of the Cost Department. Katie has worked for the firm since November 2010, specialising in Cost Litigation since 2015. Katie deals with all areas of Cost Litigation for the firm from start to completion.

She has worked in Payment Protection Insurance, Road Traffic Accident and Criminal Injury claims. Her costing work has given her insight into Industrial Disease, Psychiatric Injury, Employment and Public Liability and Clinical Negligence claims.

Katie is passionate about ensuring the firm’s cost recoverability is exceptional and all matters are dealt with to a high standard. Her strengths also lie in advocacy, ensuring that the firm obtains successful judgments were possible and recovers their costs of the same in Civil Litigation. Katie also handles the litigation side of our Contentious Probate matters and deals with all aspects of any court action required. Katie and the Head of Wills and Probate, Charlotte Bandawe, handle the progression of Contentious Probate matters from start to completion and will provide detailed advise and assistance through out the matter.