Contentious Probate

Dealing with the death of a loved one is an extremely distressing time, and can be made even more traumatic if there are disagreements between those involved.  

Contentious probate refers to a dispute usually relating to an inheritance or Will, disagreements over the value of assets or dealing with difficult executors or feuding beneficiaries.

Our friendly and approachable contentious probate solicitors deal in a wide variety of claims and aim to resolve disputes quickly and efficiently. We will explain everything in a clear and easy to understand manner, and work with you to find the best solution.

Our areas of expertise include:

Contesting a Will

We can advise on a full range of disputes whether you are contesting a Will or defending a claim from someone looking to contest a Will.

You may feel that you have been unfairly left out of a Will or you are concerned about the way an estate is being dealt with, or there is a disagreement over the ownership of a property. Whatever the problem, our solicitors are here to help.

Grounds for contesting a Will

Grounds for contesting a Will can include:

    • The Will wasn’t signed in accordance to the law
    • The deceased did not have the mental capacity sign the Will
    • The deceased was unduly influenced
    • Fraud or forgery
    • Doubt over the validity of a Will

Who can contest a Will?

Family members are not necessarily or automatically entitled to receive anything from the deceased estate, however anyone who has a beneficial interest, or potential beneficial interest can contest a Will if they believe they have a valid claim.

Typically a Will is contested by:

  • A spouse or civil partner
  • A partner who has lived with the deceased for two years or more
  • A former spouse
  • A child
  • A step-child
  • A dependent

Inheritance Act Claims

The Inheritance Act allows certain people to make a claim against the estate if they have not been reasonably financially provided for in the deceased’s Will.

The Inheritance Act allows the court to vary the distribution of the deceased estate for certain family members or dependents.

The aim of the Inheritance Act is to make further financial provision for those who:

  • Have not inherited as a result of intestacy (where there is no Will)
  • Have been left out of a Will
  • Have not been left as much as they need

We appreciate that any probate dispute can be complicated and stressful, and our experienced contentious probate solicitors take a sensitive and professional approach to find the best possible outcome.

If you are looking at bringing or defending a claim please contact us on 0333 400 4499 or email kimberley.spikings@cognitivelaw.co.uk

Contentious Probate Specialists

Kimberley Spikings
Solicitor