A loved one’s passing is a stressful and emotional time, especially if you believe the Will is unfair, unclear, or not handled correctly. That’s why Harding Evans offers contentious probate services to support those who disagree with a loved one’s Will through this sensitive time and legal process.
In this guide, our experts will guide you through what contentious probate is in the UK, when a solicitor is needed, and how they can help you through contentious probate disputes.
What Is Probate?
Before we dive into contentious probate, it’s important to have a foundational understanding of probate to highlight the contrast with contentious probate.
Probate is the legal and financial process of proving the validity of the deceased’s Will and administering the estate. This usually involves confirming who has the authority to administer the estate, including money, property, and assets.
What is Contentious Probate?
In the UK, specifically Wales and England, contentious probate refers to the legal disputes over a deceased person’s Will or their estate if there is no Will. This applies to any type of dispute, such as how their estate has been administered, questioning the validity of the Will, or the executor’s conduct.
Contentious probate often occurs when a beneficiary feels unfairly treated, suspects undue influence, or questions the deceased’s mental capacity. Here’s a closer look at the types of contentious probate disputes families and their solicitors often see:
Common Types of Contentious Probate Disputes
- Will Validity Challenges: Whether it’s as a result of undue influence, forgery, a lack of mental capacity, or improper execution, these issues provide the grounds to move forward with contentious probate and challenge the contents of the Will.
- Inheritance Claims: Under the Inheritance (Provision for Family and Dependants) Act 1975, if someone feels unfairly excluded or inadequately provided for, such as not having reasonable financial provision, the Act allows them to make a claim.
- Executor Disputes: An executor’s role is to handle the deceased’s estate, such as paying off debts, and then carrying out the Will. However, an executor must professionally and responsibly fulfil their responsibilities; if not, this is grounds for contentious probate.
- Intestacy Issues: Intestacy is when someone dies without a Will, whether it’s invalid or doesn’t exist. This can lead to disagreements amongst family members under the Intestacy Rules if they feel as though the rules don’t reflect the deceased’s wishes.
- Asset Valuation Discrepancies: Someone might be provided for in the deceased’s Will, but feel as though the value of particular assets, such as property and other high-value items, has been wrongly estimated, resulting in discrepancies amongst beneficiaries.
Contentious Probate vs Contesting a Will
Our experts are often asked: ‘What’s the difference between contentious probate and contesting a Will?’
Well, contesting a Will specifically relates to challenging its validity. Whereas contentious probate covers all disputes, meaning solicitors who specialise in contentious probate disputes can support you across a wide range of estate-related claims.
When Do You Need a Contentious Probate Solicitor?
Contentious probate claims are complex, time-sensitive, and emotionally-charged, which is why expert legal advice is essential.
It is highly recommended that you work with a solicitor who specialises in contentious probate disputes if you are feeling unfairly treated in a loved one’s Will, or you are experiencing any of the other common types of disputes.
But when exactly do you need to bring in a solicitor for contentious probate disputes? Well, a specialist solicitor will advise, gather evidence, negotiate, and represent you in court. So, the sooner you partner with a solicitor, the less stress and uncertainty you need to deal with.
Here are some situations where a contentious probate solicitor can support you:
- When disputing a will’s validity
- When someone has been excluded or disadvantaged in the estate
- When executors aren’t acting properly or fairly
- Complex estates with significant assets or trusts
As a result, partnering with a contentious probate solicitor will help with:
- Reducing emotional stress
- Protecting your position before deadlines
- Navigating complex legal thresholds
This allows you to focus on what’s important, remembering and celebrating your loved one’s life, instead of worrying about estates and assets.
How Harding Evans Can Help
To summarise: contentious probate is a legal dispute over a Will or estate where there is no will, and is usually the result of a beneficiary feeling unfairly treated or an executor not fulfilling their role, amongst other types of disputes.
Due to the complicated and sensitive nature of contentious probate, working with a specialist solicitor will ensure you’re supported during this difficult time.
If you require a contentious probate solicitor, Harding Evans can help to resolve any disputes with care and expertise. To find out more, get in touch with Daniel Rich, our experienced Wills & Probate Solicitor.
