Contentious Probate Solicitors
Managing probate disputes or disputing a Will is often a complex process at a time of heightened emotions.
At Atkins Hope, our team of experienced dispute resolution solicitors can help you find a positive way forward.
By taking the right steps with effective, contentious probate advice, we can help you achieve an amicable resolution using negotiation and other non-confrontational methods.
Rest assured, however, should court prove necessary, we have strong expertise in litigation proceedings.
It's important to keep in mind that there are time limits on challenging a Will. So, we suggest that you speak to a contentious probate solicitor even if you are unsure whether you have grounds to contest the Will at all. They’ll be able to advise you on your options.
We know that you probably want to resolve your legal probate troubles quickly so that the estate can be distributed and family matters settled. With our years of expertise, we work efficiently and take all possible care to prevent any future disruptions.
Find out more about us and our client-first approach to services for individuals.
Our contentious probate solicitors can help with matters including:
- Disputes about wills
- Making claims if you have been left out of a will
- Making claims for financial support if you have been left out of a will
- Defending claims about your relative’s will
- Valuation of the assets
- How to remove or change an executor
- Legal advice on the administration of an estate
Speak to our contentious probate solicitors today
To speak to one of our contentious probate solicitors today, please ring 0208 680 5018 or contact your local Atkins Hope office in Croydon, Medway, Blackheath or Guildford.
To ask a quick question, you can use our simple online enquiry form, and a member of the team will get back to you promptly.
Our contentious probate services
Disputes about wills
The first step to avoiding the will being disputed is by correctly interpreting the Will. Our expert contentious probate solicitors can carefully review the Will and establish your options and next steps.
If you already find yourself facing a dispute about a will, then we can help you to understand the document and decide how to act. We’ll walk through what is within your legal rights.
We can also represent you if you’d like to dispute a will. If you believe that the individuals in charge of a will that relates to you are failing or abusing their duties, then we can help you to exact contention and dispute the will.
Making claims if you have been left out of a will
You might want to make a claim if you have been left out of a will and you believe that it is unfair or does not accurately reflect your relationship with the deceased.
There are ways for you to legally rectify this. We can help you to make a claim for some or the full amount of the inheritance, or specific asset, that you believe to be due.
Making claims for financial support if you have been left out of a will
If the legal proceedings around a will dispute or the execution of a will is taking too long, you may be able to make a claim for financial support to stabilise you until the cases close.
We are also able to make broader claims for financial support if you have been left out of a will.
Defending claims about your relative’s will
If you have already received a claim against your relative’s will, then we can help you to represent yourself on behalf of the will and protect it’s correct execution.
We have a strong focus on Alternative Dispute Resolution (ADR) and generally pursue solutions outside of court.
This could involve mediation or arbitration, both of which Atkins Hope facilitates. If litigation proves unavoidable, then we’ll pursue a fair outcome on your behalf.
Valuation of the assets
The valuation of assets is an important early step in the execution of the Will. If done incorrectly, it can lead to you paying excess Inheritance Taxes or failing to pay enough and encountering problems down the line.
We can look over the paperwork concerning the valuation of your estate and confer with experts to assess if it’s accurate. From there, we can advise you on what steps to take to get the necessary paperwork and responsibilities underway.
How to remove or change an executor
If you are looking to remove or change one or more executors of a Will, then we strongly advise you to seek out a probate dispute solicitor, as it can quickly become complex. We will make sure that you are supported in making your decision by putting together your application, building a case, and presenting the legal document to the Probate Registry.
Wherever possible, we will do so without the intervention of the court, as it can quickly incur legal fees. However, should it become unavoidable, we will bring strong representation to get you a fair outcome.
Legal advice on the administration of an estate
You will usually not have experience in the administration of an estate. Our team has built up years of experience in a wide range of cases and can give you legal advice on your duties and responsibilities to get the process completed smoothly.
Contentious probate FAQs
What is contentious probate?
Contentious probate refers to any disagreement over the treatment of a deceased person’s estate. That includes their property, their land and other high-value assets, and their debts.
Are there time limits for a contentious probate claim?
This depends on the sort of claim that’s being made. If the claim is made due to a question arising about the executor’s ability to perform their duties, i.e. a challenge to their mental capacity, then there is no time limit, and probate litigation can be an effective solution.
However, there is a time limit if the claim is made under the Inheritance (Provision for Family and Dependants) Act of 1975, usually meaning the claim concerns a perceived insufficiency of funds and financial provision assigned by the Will. Under these circumstances, there is a time limit, and the claim must be raised within six months of the Grant of Probate or Letters of Administration.
Can you change the Executor after the person died?
You are able to remove an executor and also appoint a new one if you have reasonable grounds. It is a complicated process and can escalate family disagreements if handled incorrectly, but if this is an unavoidable step, then we can advise you on how to move forward and manage the necessary paperwork.
What are the grounds for contesting a Will?
There are four main reasons for contesting a Will. They are:
- The Will was not prepared properly
- The Will is out-of-date
- The Will is fraudulent
- The Will does not make ‘reasonable provision’ for you
What does it mean to contest a Will?
A person’s Will should reflect their last wishes. Contesting the Will, or bringing a Will dispute, means casting doubt on the Will’s validity. This could be because:
- The writer was not of sound mind
- There was no witness to the Will signing
- The estate was incorrectly valued/ improperly understood
- The distribution of assets leaves someone under-supported (specifically a spouse)
Can you contest a Will after probate has been granted?
You are able to contest a Will after the grant of probate. However, doing so will cause a delay in the distribution of assets and could heighten family contentions. Nonetheless, if you believe you need to contest a Will, you are able to do so after probate has been granted. In this situation, open communication with your solicitor and the other parties involved is key.
Get in touch with our contentious probate solicitors today
To speak to one of our contentious probate solicitors today, please ring 0208 680 5018 or contact your local Atkins Hope office in Croydon, Medway, Blackheath or Guildford.
To ask a quick question, you can use our simple online enquiry form, and a member of the team Will get back to you promptly.
