Contentious Probate
Committed to helping you at the time you need it most
Key contact
Expert Contentious Probate and Will Dispute Solicitors
In many cases, the family of someone who dies may not know the wishes made by a deceased until their Will has been proved. It is not uncommon for challenges to be made by families who are surprised or disappointed by how the estate is to be inherited. This is where our contentious probate solicitors can help.
We know that these cases can be highly sensitive for everyone involved, especially at a time when people are grieving the loss of a loved one. Our contentious probate solicitors have extensive experience in acting for both claimants and defendants. Although it is ultimately possible to go to court for a number of reasons, we always explore alternative ways of settling cases to avoid additional distress and cost.
What is Contentious Probate?
Contentious probate refers to a dispute over the administration of a person’s estate. There are many different reasons for challenging the validity of a Will including:
- The Will may not have been properly executed
- The Will may not properly reflect the testator’s wishes
- The Will may contain terms which are either ambiguous or contradictory
- The Will may appoint an executor who is unable or unwilling to act
In these cases, challenges can be made to rectify or vary the terms of the Will.
How We Can Help
Healys lawyers have been helping clients with a range of contentious probate matters for many years with a strong track record of getting favourable results. We offer our expertise and sympathy at a time that is challenging and emotionally charged.
Challenging the validity of a Will or probate
The areas where we can assist include:
- Drafting errors and changing Wills: where the Will does not say what the testator meant to say or there are other reasons to try to change a Will
- Execution: where the formalities for making a Will have not been carried out properly
- Capacity: where the testator made the Will when he/she lacked the mental ability to do so. This usually happens when an elderly person had been suffering from dementia, but may apply wherever someone has health problems that affect their ability to understand what they are doing
- Undue Influence: cases where the Will did not reflect what the testator really wanted to happen
- Failing to make provision for someone: where someone is cut out of a Will completely, or has a much smaller inheritance than expected
- What is in the estate: addressing questions about whether property that was given away by the testator should be in the estate
- Applying for the court’s help: seeking a court order when the executors or others need help on how to interpret the Will or run the estate
- Estate mismanagement: dealing with executors and trustees who have not handled an estate or trust properly
- Other disputes: there are many other problems that can arise where we can help you
Defending a challenge to the validity of a Will or probate
If you are the executor of an estate or beneficiary of a Will, our solicitors can advise you on the best way to deal with claims against the estate. We will provide an honest assessment of any claim so that you can make an informed decision about how to respond.
As professional contentious probate solicitors, we tailor our approach to reflect your concerns and your goals. We are highly skilled in all areas of contentious probate and offer legal advice and representation whether you are contesting against a Will executor/administrator or defending a challenge.
Get in touch
To speak to one of our specialist contentious probate litigators please contact:
Ryan Williams (ryan.williams@healys.com) on 020 7822 4144 or
Ben Parr-Ferris (ben.parr-ferris@healys.com) on 020 7822 4105.
.jpg)