Contentious Probate Solicitors
Dealing with someone's assets and estate after they pass away is a challenging but necessary task to honor their wishes. The last thing anyone wants is disputes or disagreements during this time. Unfortunately, this can happen and it is called contentious probate.
At Lawhive, our expert network of wills, trust and probate solicitors are here to help you resolve contentious probate matters and honour your loved one's wishes. Contact us today for a free case evaluation with our legal assessment specialists.
In this article, we'll discuss the key aspects of contentious probate and what steps you can take if you're caught in the middle of one.
We understand it's a tough situation, but at Lawhive, we're here to support you and provide all the information you need to ease the burden.
What is contentious probate?
Contentious probate involves disagreements about handling a person's assets after their death. This includes will disputes, which happen when you contest the validity of someone's will. Such disputes often arise if you feel unfairly excluded from a will or that you haven't received your rightful share. Claims also may include allegations of undue influence, lack of capacity to make a will, or fraud in creating or finalising the will.
On the flipside, non-contentious probate refers to a smooth legal process of settling a deceased person's estate without any disputes or challenges. When everyone involved agrees on the terms of the will or how assets should be distributed, it's considered non-contentious.
Common types of contentious probate
Some of the most common types of contentious probate issues are:
Allegations that someone pressured the deceased into making or changing their will.
Doubts about the deceased's testamentary capacity.
Suspicions of forgery or fraud.
Disagreements over interpreting the will or dividing assets, or concerns about how the executor carries out their duties.
Family members feeling they weren't fairly provided for in the will.
Arguments among executors over estate management or asset distribution.
Challenges to lifetime gifts.
Who can bring a contentious probate dispute?
The spouse or civil partner of the deceased
Child of the deceased
Stepchild of the decease
Dependant of the deceased
Someone who lived in the same home as the deceased as if they were a married couple or civil partners .
Contentious probate disputes can be emotional and involve valuable assets. It's wise to seek advice from a solicitor to have skilled professionals handle your case.
Do I need a solicitor for contentious probate?
You might not always need a solicitor for contentious probate, but these cases can get legally complicated, and sometimes, court intervention is necessary for resolution.
If you're caught in such a dispute, it's wise to get some legal advice as soon as possible to understand the strength of your case and the legal options available to you.
How can we help with contentious probate?
At Lawhive, our network of probate solicitors are highly experienced in contentious probate and ready to discuss your case with you.
We offer a free case evaluation and no obligation quote so you can take the first step towards settling your contentious probate matter quickly and affordably.
How to start contentious probate proceedings
Starting contentious probate proceedings involves several steps, and the process may differ depending on whether there is a will or not.
If there is a will
1. Seek legal advice
Before diving into contentious probate,get legal guidance. A solicitor experienced in probate disputes can review your situation, gauge your case's strength, and help start the process. Next, gather all necessary documents, like getting a copy of the will, any changes, and any evidence supporting your claim or dispute. Then, pinpoint the reasons you're contesting probate. This might involve challenging the will's validity, citing undue influence, lack of capacity, fraud, or other legal issues.
2. Enter a caveat
Before starting the official process, you can notify the executors or administrators by entering a "caveat" at the Probate Registry. This prevents the grant of probate until the notification is removed or a court order is obtained.
You can apply for a caveat online or by post. It costs £3. You might want to consider mediation or alternative dispute resolution methods to settle the dispute amicably. Some disputes can be resolved without going to court, and mediation can be a cost-effective and quicker option.
3. Issue court proceedings
If mediation doesn't work out, you might have to take the matter to court. This means getting all the right paperwork ready and submitting it to the court. For probate disputes, the main court is usually the High Court, specifically the Chancery Division. Before going to court, one of the last things you'll do is fill out the required court forms, like a Claim Form (N1) and Particulars of Claim. These forms lay out your case, why you're contesting probate, and what you're asking for. You'll need to include statements confirming the truthfulness of your claims.
4. Serve the documents
After filling out these forms, you need to deliver them to the other parties involved correctly, following the rules and timelines for serving court documents. Once the court process starts, the court might give instructions on managing the case, setting deadlines for sharing evidence and witness statements. There will be a trial or hearing where the court will review all the evidence and arguments from everyone involved. Then, the court will make a decision about the probate matter being disputed.
If there is no will
1. Apply for letters of administration
If there's no will, you might have to request Letters of Administration to become the estate's administrator. This means applying to the Probate Registry and giving information about the deceased person's assets and heirs. If there's a disagreement about who should be the administrator or if there are issues with how the estate is being distributed, you can start probate proceedings by applying to the Probate Registry. Just like before, you'll need to state the reasons why you're contesting the distribution of the estate. This might involve disagreements over who should get what or objections to the chosen administrator.
2. Issue Court Proceedings
Similar to cases with a will, you may need to issue court proceedings by completing the necessary court forms, serving them on the relevant parties, and proceeding through the court process.
As in cases with a will, consider mediation or alternative dispute resolution methods to resolve the issues without going to court.
3. Trial or hearing
During the trial or hearing, the court will review all the evidence and arguments before making a decision on the contested probate issue. In either situation, it's highly advisable to consult a solicitor who specialises in probate disputes. They can walk you through the process, evaluate your case's strengths, and advocate for you during the proceedings.
Do you have to go to court for contentious probate?
Not all contentious probate disputes end up in court! Many can be settled through alternative dispute resolution (ADR) methods or agreements outside of court. Mediation is often very effective. It's a voluntary and private process where a neutral mediator helps you and the other parties in the dispute find a solution that works for everyone. This allows for open talks and negotiation outside of a courtroom. It's a cost-effective and time-saving option compared to going to trial, so it's worth considering if it's an option! Direct negotiation, either between parties or through solicitors, is also a good way to reach an agreement without going to court. This might involve discussing asset distribution, changes to the will, or other related matters. Besides mediation, there are other forms of ADR like arbitration or expert determination that can also be used to settle probate disputes.
How much does contentious probate cost?
At Lawhive, consultations for contentious probate start at just £189. The total costs will vary based on your case's complexity, its outcome, and the work needed from your solicitor and you. But regardless of your legal needs, our solicitors work online for fixed fees. This means you'll know exactly how much you'll pay from the beginning of the process. Being upfront with your solicitor from the outset is crucial. The more details you share, the better they can assess your case and provide an accurate estimate of the fees involved.
