Contentious Probate

Rose & Rose

Contentious Probate Solicitors

It is not uncommon for disputes to arise concerning the probate process. This can be highly distressing and cause issues amongst beneficiaries, executors and those who believe they should have benefitted from a Will.

There are various possibilities as to why disputes may arise relating to a Will, known as contentious probate. Should an issue arise, it is essential to seek the advice of an experienced and knowledgeable solicitor.

In most cases, resolving a dispute outside of court will be possible, provided that the issue is raised to a solicitor as early as possible once the grant of probate has been obtained.

 

What is Contentious Probate?

Contentious probate refers to any dispute concerning a person’s estate after death. It can be concerning any aspect of the estate or Will but is most commonly:

• A dispute over the contents of a Will.
• Concern regarding mismanagement of the estate.
• A fraud accusation.
• A concern raised by those who expected to inherit but did not.

Estates can be very complicated, particularly when there are multiple properties, trusts or extensive finances. However, smaller estates can also face disputes.

Time limit to Contest a Will

Depending on the nature of the dispute, there may be a timeframe that must be considered. Most commonly, a claim should be started within six months of the grant of probate. If the first six months have passed and you wish to make a claim, you will likely have to apply to the court for permission.

However, in cases where you wish to contest a Will’s validity, there is no time limit.

 

Contentious Probate Solicitors

Seeking the advice of an experienced solicitor is essential if you intend to contest probate or if you are the executor of an estate being contested.

We can advise on the grounds on which a Will can be contested, the Inheritance (Provision for Family and Dependants) Act 1975, and any other aspects of contentious probate.

For more information about how we can assist you, please contact one of our Solicitors below.