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Losing a loved one is never easy, and disagreements over their Will or estate can make the situation even more distressing. Whether you’re concerned about being left out of a Will, questioning its validity, or facing a claim from someone else, it’s important to understand your rights and the legal options available. Contentious probate is a complex area of law, but with the right legal support, these disputes can often be resolved fairly and efficiently.
Contentious probate refers to the process of challenging how a deceased’s estate is administered. This may be because the validity of a Will is contested, the proposed distribution of assets is disputed, a family member is inadequately provided for or excluded entirely.
Disputes over the validity of a Will have become commonplace. A Will can be challenged on the basis of fraud or forgery, lack of mental capacity of the deceased, undue influence, improper execution of the Will, or because the deceased did not know or approve of the contents of the Will.
A person is entitled to leave their estate to their chosen beneficiaries, however, another common challenge arises when the deceased has failed to make reasonable financial provision for family members or, for someone financially dependent upon the deceased. Such claims can be brought under the Inheritance (Provision for Family and Dependants) Act 1975. The Inheritance Act 1975 can also be utilised to bring a claim if the deceased died intestate (without leaving a valid Will).
You may be able to make a claim if you are:-
There are time limits to consider when making a contentious probate claim. It is important that steps are taken prior to a Grant of Representation being issued if the validity of a Will is to be contested. Claims for financial provision under the Inheritance Act 1975 must be made within 6 months from the date on which a Grant of Representation is issued. It is important to act quickly and seek legal advice at the earliest possible opportunity when such disputes arise.
Contentious probate disputes can often be resolved between the parties through negotiation and mediation, although in some cases litigation is necessary. The nature and complexities of contentious probate disputes and the legal process, mean it is important to seek legal advice.
At Thorneycroft Solicitors we have a dedicated team of Wills and Probate Solicitors who understand the distress and difficulty a bereavement causes. A probate dispute, which will often involve family members, will increase these difficulties at a challenging and sensitive time. Putting your wishes and best interests first at all times is of utmost importance to us. We recognise that this can be a difficult and emotional time and will ensure that you are supported.
If you are considering contesting a Will, or you are faced with an inheritance dispute, contact Thorneycroft Solicitors today.
