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Contentious Probate Claims
Contentious Probate Claims
Contentious probate claims refer to legal disputes that arise when someone questions how a loved one’s estate is handled. These disputes often involve disagreements over the validity of a Will, the conduct of executors, or whether someone has been unfairly left out of an inheritance.
If you suspect something isn’t right about the way a loved one’s estate is being handled, you may be able to make a contentious probate claim.
We specialise in helping families resolve sensitive inheritance disputes. We work with experienced contentious probate solicitors who will provide clear advice, compassionate support, and practical legal solutions to help you secure the outcome you deserve.
What Is Contentious Probate?
Contentious probate is the legal term used when someone disputes a Will, questions the actions of executors or administrators, or raises concerns about how a deceased person’s estate is being distributed.
It usually occurs when emotions are already running high after the loss of a loved one. As a result, these disputes can be complex and emotionally draining, especially if they involve family members. So, having the right legal guidance from the start is essential.
Common Examples of Probate Disputes
These claims can take many different forms. Some of the most common examples include:
Disputing the Validity of a Will
You may believe a Will is invalid due to:
- Lack of proper signing and witnessing
- The deceased not having mental capacity when the Will was made
- Undue influence or pressure from someone else
- Fraud or forgery
Inheritance Act Claims
If you were financially dependent on the deceased but were left out of the Will, or didn’t receive enough, you may be able to file a claim. This often applies to:
- Spouses or civil partners
- Children (including adult children)
- Former spouses who haven’t remarried
- Anyone who was financially maintained by the deceased
Executor Disputes
Executors have a legal duty to carry out the wishes in the Will. If they fail to act in the best interests of the beneficiaries or delay the probate process unnecessarily, you may be able to challenge their conduct or apply to have them removed.
Disputes Over Estate Administration
Concerns may arise over how the estate is being valued, distributed, or managed. Beneficiaries may not receive what they’re entitled to, or assets may be sold against the wishes of family members.
Claims of Promised Inheritance
Sometimes a person is promised an inheritance verbally, but the Will doesn’t reflect that promise. If you relied on that promise and suffered a loss, you may be able to make a claim.
When Can You Claim?
There are several grounds on which you may be able to make a contentious probate claim. You can usually take legal action if:
- You are a beneficiary, executor, family member, or someone with a financial interest in the estate
- You believe the Will is invalid or was made under pressure
- The deceased didn’t make reasonable financial provision for you
- The probate process is being mishandled or delayed
- You’ve been left out of a Will you were expecting to benefit from
It’s important to act quickly. In some cases, the deadline to bring a claim is just 6 months from the date probate is granted.
How to Start Your Claim
If you think you have a case, it’s crucial to seek legal advice as soon as possible. Here’s what to do:
- Contact us for a free initial review of your case.
- Gather any relevant documents, such as Wills, letters, emails, financial records.
- Be ready to explain your relationship with the deceased and your concerns.
- Our panel firms will assess your claim and explain your options clearly.
Most claims can be resolved through mediation or negotiation.
Get in Touch
Don’t let inheritance issues cause conflict with your family at a time when you are experiencing grief and loss. Whether you’re concerned about the validity of a Will or believe you’ve been unfairly left out, our team is here to help.
We partner with experienced lawyers who will assess your case and provide clear, expert advice on the best steps forward. We offer a range of fee structures, including ‘No Win, No Fee’ for certain cases along with other flexible funding – speak to our team to find out more.
📞 Call us for a free, no-obligation consultation at 0333 358 3034
🌐 Or visit our Contact Us page to learn more – we can call you back at a time that suits you.