Contentious Probate UK

Contentious probate refers to a disagreement that arises over someone’s Will or their estate after their death. It is often a very difficult time for families and emotions can run high. When a dispute occurs, it can escalate quickly if it is not dealt with promptly.

At Lockings Solicitors, our contentious probate department has a high level of experience in resolving disagreements. We always aim to find an out-of-court solution wherever possible, with litigation as a last resort.

Our team is led by Associate Director Sarah Thomsen, who is a member of ACTAPS, the Association of Contentious Trust and Probate Specialists, and Head of Civil Litigation.

As well as outstanding legal expertise, we are also known for the exceptional level of service we provide. We are easy to contact and will keep you updated as to progress of your case as it happens. Our advice will be clear and pragmatic and we will make sure that we are available to discuss any concerns you have as they arise.

We offer excellent value for money for the specialist advice we provide. We will make sure that you have clear costs estimates throughout and we will always check that you are happy to go ahead before we incur charges. If you would like to discuss how we can help you, please feel free to get in touch.

Call us on 01482 300 200, email us at welcome@lockings.co.uk or fill in our Free Online Enquiry and we will ring you back promptly. We have offices in Beverley, Hull and York and represent clients across the UK and abroad if the matter relates to English property and estates.

Contentious probate UK services

We deal with a wide range of disputes that can arise following a death and during the estate administration process, including:

• Making a claim against an estate for financial provision
• Challenging the validity of a Will
• Executor disputes
• Trusts disputes
• Caveats to halt a probate application
• Intestacy disputes
• Defending an estate against claims

We represent beneficiaries, those who have been left out of a Will but who wish to make a claim, executors, administrators and trustees.

Challenging the validity of a Will

If you want to challenge a Will, you need solid grounds to show that it is not valid. The reasons that it could be invalid include:

• It was incorrectly drafted
• It was incorrectly signed or witnessed
• The deceased did not have sufficient mental capacity to make a Will
• The deceased did not have knowledge or approval of the contents of the Will
• The deceased was unduly influenced when making their Will
• Fraud or forgery
• The deceased married after making their Will

We can advise you if you believe that a Will is not valid, going through what has happened with you and establishing what proof is available.

Where necessary, we will make a formal request for information from the solicitor who prepared the Will. This can include the instructions they took, the reasons given by the deceased for making the Will that they did and what precautions were taken to establish that they were of sound mind, understood the contents of the Will and were not unduly influenced by anyone.

If it is necessary to prevent someone from being appointed as an executor or an administrator, we will lodge a caveat at the Probate Registry to stop an application from being processed while a dispute is dealt with.

Making a claim for financial provision from an estate

If you have been left out of the Will of a loved one, it can be a shock. It may also leave you in financial difficulties. The Inheritance (Provision for Family and Dependants) Act 1975 allows certain categories of person to make a financial claim against an estate if they have not been adequately provided for.

Those who may be entitled to claim are:

• A spouse or civil partner
• A former spouse or civil partner
• A child of the deceased
• Someone treated as a child of the family by the deceased
• A cohabitee who lived with the deceased for a minimum of two years before the date of death
• Anyone being maintained financially by the deceased as at their death

Unless you are a spouse or civil partner of the deceased, your claim will be for ‘reasonable financial provision’. This could be more than a minimal amount to meet your needs but not enough to provide for luxurious living.

If the case is not settled out of court, a judge will look at the following issues when deciding how much to award:

• Your financial resources and those which will be available to you in the foreseeable future
• Your financial needs and foreseeable financial needs
• The needs of other beneficiaries and the resources they have available to them
• Any obligations and responsibilities that the deceased may have had to others
• The size of the estate
• Any physical or mental impairment that a beneficiary or other potential claimant may have
• Any other issues that the court considers to be relevant

A spouse or civil partner may be awarded a larger sum. The courts will look at what they might have been granted in the case of a divorce or dissolution and will tend to allow a similar amount.

Disputes involving beneficiaries to a Will

As a beneficiary, you may become involved in a dispute during the period following a death. This could be with fellow beneficiaries over inheriting assets or with executors or administrators over the way in which the administration is being handled.

We can represent you in taking decisive steps to end the dispute and, where necessary, to enforce your rights. For example, information relating to the estate that you are entitled to see may have been withheld. Formal intervention on your behalf by an experienced contentious probate solicitor can often resolve matters quickly and help focus those involved on winding up the estate efficiently.

Disputes involving executors or administrators

Dealing with an estate administration is often complex and time-consuming. This can sometimes mean that executors or administrators disagree with each other or fall out with beneficiaries, particularly if difficulties arise during the winding-up process.

Our team are experts at helping executors and administrators resolve matters. We can help prevent a situation from worsening and work to find a speedy solution. We will make sure that you know what your rights are and, where necessary, deal with demands from beneficiaries on your behalf.

Claims against an estate

We also represent executors and administrators in dealing with claims against an estate. You are bound to defend this type of action to protect the estate’s assets for the beneficiaries. We will make sure that you meet your liabilities, reducing the risk of objections from those entitled to inherit.

Contact us for contentious probate UK

Contentious probate cases can be difficult to resolve if they are not handled promptly. Our team have the experience to find solutions to even the most complex disputes. Where necessary, we can also put together a robust case for the courts.

Call us on 01482 300 200, email us at welcome@lockings.co.uk or fill in our Free Online Enquiry and we will call you back promptly. We have offices in Beverley, Hull and York and represent clients across the UK and abroad if the matter relates to English property and estates.

The content on this website is for information only and is not intended to provide specific legal advice to a particular case. Should you require legal advice in relation to your particular situation then please do not hesitate to contact us.