Contentious Probate
Contentious Probate covers a wide range of issues arising from a person passing away. Whether it be challenging the validity of the Will, the Administration of their Estate, whether intestate or testate, conflicts between Executors and/or Beneficiaries, claims under the Inheritance (Provision for Family and Dependants) Act 1975, as well as Proprietary Estoppel.
Recent data indicates a rise in the number of contested Wills, with 5% of contested Wills now being settled at court. However, most contested Wills do not end up at court and can usually be settled through other forms of dispute resolution, including mediation and/or negotiation.
Can I challenge a Will?
Disputing a Will can be a stressful and emotional time, especially in situations that involve disputes with close family members. You may feel that you have been left out of a Will unfairly or that the deceased was not of sound mind at the time of making their Will. You may feel that the Executors are not acting within the interest of the Estate and are failing in their duty as Executor or you may have been promised an inheritance but the Will does not support that.
It is important to know at the outset that Contentious Probate is not a quick fix and you cannot challenge a Will because you are unhappy with the contents of the deceased person’s Will.
There must be a valid legal reason for challenging a Will. Legal reasons for challenging a Will can be:
- You have reason to believe the Testator (person who made the Will) was under undue influence at the time the Will was executed (signed and witnessed).
- You have reason to believe the Testator was not of sound mind at the time of making and executing their Will.
- You have reason to believe the Will was not properly executed in front of independent witnesses.
- You believe your spouse or civil partner has not provided reasonably for your financial needs.
- You believe your parent has not provided reasonably for your financial needs.
How much time do I have?
If you believe you have grounds to contest a Will, we encourage you to seek legal advice as soon as possible to understand your rights and decide on the best course of action. Inheritance Act claims must be brought within six months of the Grant of Probate, although an extension can be sought from the court in some cases, so it is always best to seek legal advice even if you believe your claim is out of time.
Contact the Contentious Probate team
+44 (0)1380 733350
contentiousprobate@wansbroughs.com
