How can we help?
Exceptional service at a sensitive time
Our contentious probate solicitors understand the stress and sensitivity that are part and parcel of dealing with disagreements of this nature, particularly if it has caused a rift within a family.
With Slater Heelis, expert legal advice is only ever a telephone call away. We are here to advise on your best course of action and provide peace of mind knowing that your claim is being dealt with by a senior legal professional, not a paralegal. We will also consider a ‘no win, no fee’ arrangement depending on the nature of your claim.
There are strict time periods during which a will can be contested following the date of death or the grant of probate, and so seeking expert legal advice at an early stage should be deemed a priority.
We do our best to resolve matters out of court where appropriate. If court action is necessary, we draw on years of experience in resolving contentious probate claims on the basis of undue influence, lack of capacity, and the doctrine of promissory estoppel.
Frequently Asked Questions
How long can contentious probate take?
The amount of time it takes to resolve a probate dispute will depend on several factors, such as the complexity of the issues involved and who is involved.
The length of proceedings can vary from 3 months up to or even beyond a year for more complex cases, particularly if Court proceedings are issued.
At what point should I contest a Will?
It is advised that you raise a dispute with a Will at the earliest opportunity.
There are critical time limits in most contentious probate cases, which, if not observed, may mean you cannot bring a claim. Time is of the essence, and any delay may be fatal to your case.
Some of these time limits are significantly shorter than in other litigation matters. It is vital that you seek guidance as soon as possible.
We understand that the circumstances of the case may be very distressing to you. It is often difficult to make clear-sighted and sound decisions at such times. We provide an oasis of calm and wise support. Our will dispute solicitors are well versed in working hard on our clients’ behalf.
Can I dispute a Will if I am not in it?
There are many circumstances in which you can dispute a will. For example, you may discover that you have been left out of a will when you thought or were told you would be included. You may believe that the person’s will was made or amended under duress or that there were doubts about the mental capacity of the person who made the will.
We will advise you on the chances of making a successful claim.
Whilst the validity of a will can be challenged by a wide range of interested parties, only limited categories of people can claim financial provision from an estate whether or not the will (or disposition of the Estate under the rules that apply if the deceased did not leave a will) is being challenged. These include a spouse, child, cohabitee or a person financially dependent on the deceased.
What are the grounds for contesting a Will?
There are specific grounds for which you can contest a deceased person’s will. These include:
- The deceased did not have the required mental capacity
- They did not fully understand or approve the content of the will
- Undue influence; someone has been coerced or forced into changing their will
- Forgery or fraud
- The will was not properly signed and witnessed
Does contesting a will delay probate?
Contesting a will can considerably delay probate. To avoid delays, it is strongly recommended that a will is professionally written with the support of a trusted and recommended solicitor.
The solicitor will make the process more time-efficient and less stressful. It also reduces the chance of disputes and, therefore, court costs.
What happens if a will is successfully contested?
If a will is successfully contested, the will is declared invalid and will be replaced by the previous valid will. If there was no prior will, then the rules of intestacy will apply.