What is contentious probate?

Contentious probate refers to disputes that arise during the administration of a deceased person’s estate. These disagreements can occur for various reasons, such as concerns over the validity of a will, disagreements between beneficiaries, or disputes about how an estate should be divided.

Our dedicated team is here to assist you with every aspect of contentious probate. We offer clear, compassionate legal advice communicated in plain English.

Our approachable lawyers are specialists in this field and will work tirelessly to provide you with the highest standard of legal support and advice tailored to your unique circumstances.

In addition, Attwells offers the following service promises:

How much will it cost?

As part of our case review we can estimate what future legal costs you might incur if you wish to instruct us to carry out further work on your behalf.

We can discuss with you other funding arrangements such as acting for you on a “no win no fee” basis or acting for you on a “no win less fee” agreement.

To help spread the cost of litigation, we may ask you to make monthly payments towards your legal fees so that the legal costs can be spread over the duration of a claim.

In some cases we are able to defer costs until the end of claim when you may be in receipt of an award.

Contesting a Will

If you want to contest a Will, it is best to seek legal advice as soon as possible as some claims can be subject to strict time limits. Our efficient team offers strong advice and can let you know the likelihood of your claim being successful.

How can you contest a Will

You can contest a Will in two different ways. You can contest the Will’s validity or alternatively, some category of claimants can make a claim against the estate under the Inheritance (Provision for Family and Dependants) Act 1975 if they have not had reasonable provision made for them.

Will Validity

When contesting a Will’s validity, you can make the claim based on several different factors.

• Testamentary capacity: If the testator (the person who made the will) did not have a good understanding of their financial affairs or was not capable of understanding the nature of making a will or who might benefit from the will then the will could be declared invalid.
• Undue influence: Where a testator is pressured to make a specific will, the will made can be declared invalid. To be successful in this type of claim, it needs to be demonstrated that someone has forced or pressured the testator to make the Will they made, as “mere persuasion” alone is not normally sufficient.
• Want of approval and knowledge: This is questioning whether the testator and fully understood and accepted the Will and its details when signing it. For example if a person signed a will without reading it or having the content explained to them.
• Lack of due execution: Making a claim on the grounds of lack of due execution means questioning if the Will was signed and witnessed properly. If it was not done properly this will render it invalid.  There are strict rules that apply to the proper execution of a will.
• Forgery: It can be claimed that the signature on the Will that was made by the testator was actually forged by someone else making the Will invalid.  Often hand writing evidence and other background facts help resolve these disputes.
• Fraudulent calumny: Here the testator could have been talked into excluding someone from the will under false pretences which renders the Will invalid.

Reasonable Provision Claims

We have two competing laws in this country. One says that a person can do what they want with their estate. This is known as testamentary freedom.

However the Inheritance (Provision for Family and Dependants) Act 1975 says that certain category of people can challenge an otherwise valid will if they have not had “reasonable provision” made for them.

The categories of people that can apply are:

• The deceased’s spouse or civil partner
• an unmarried partner who lived with the deceased for two years or more prior to their death
• A child, or adopted child of the deceased
• A person who had been treated as a child of the deceased (often a step-child)
• Anyone who was financially dependent upon the deceased

You can make a reasonable provision claim whether a person left a will or whether the estate is being dealt with under the intestacy rules.

Whatever your situation, it is always best to discuss the matter with a specialist lawyer to give yourself the best chance of your claim being successful.