Contentious Probate Solicitors

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.

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 contentious probate solicitors are well-versed in working hard on our clients’ behalf.

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.

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

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.

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.