Our specialist contentious probate and will dispute solicitors are here to help families and individuals find a fair solution.
Contentious probate means any dispute about how a person's estate – that is their money, property or other possessions – is passed on to other people after they die. It includes, but is not limited to, contesting a will and sometimes there is no will – if the dispute involves an intestate estate.
When a person dies without a will this is known as intestacy. There are fixed ‘rules of intestacy’ which dictate who gets what in this situation. However, they are inflexible, make no arrangement for unmarried partners or dependents and any verbal promises the person who has died may have made while they were alive, are not taken into account.
We can help you with a range of issues relating to there being no will including:
Contesting probate includes many different types of disputes. Examples of contentious probate disputes, not limited to the will itself, include:
Yes, but to do so you need to be:
Take action quickly and ideally before probate has been granted and the estate distributed. A first step is to enter a caveat with the Probate Registry. The caveat lasts six months (and can be extended for another six months) and prevents probate being granted while the dispute is still unresolved.
Yes. However, it’s preferable to do it before assets have been distributed or disposed of. If you plan to challenge a will, you can get a caveat on the estate first, which prevents probate being issued, thus buying you and your legal adviser more time.
After probate it is important to act as quickly as possible as the assets may already have been distributed. Additionally, there may be some time limits on a claim: fraud claims have no time limit but claims under the Inheritance Act 1975 are limited to six months from the grant of probate. Time limits are governed by legislation and depend on the type of claim. This is a complex area and you should get expert legal help as soon as possible.
The High Court. The probate jurisdiction of the High Court is divided between the Family Division and the Chancery Division. The Family Division deals with non-contentious or common form probate business and the Chancery Division deals with contentious or solemn form probate business such as asking the court to approve a will to avoid further dispute. The Probate Registry deals with issues concerning caveats.
A huge thank you to Caroline. I can't thank you enough. I honestly never thought I would ever see any of my money again. When I told my children last night the first thing they said was "what a wonderful solicitor to have." I'm so very grateful and very happy. You are a real lifesaver.