Contentious Probate

Contentious Probate work is a highly specialist area, and we are one of the few UK law firms which has a dedicated Contentious Trust and Probate Team. The Contentious Probate Team deals with Will disputes, Estate disputes, Trust disputes and Court of Protection issues, and we act for: individuals; Executors and Administrators; Trustees; charities and banks.

The Specialist Contentious Probate Team has the capability to deal with all disputes arising out of Wills and probate, including:-

• Bringing and defending proceedings where inadequate provision has been made in a Will, under the Inheritance (Provision for Family and Dependants) Act 1975.
• Claims regarding lack of testamentary capacity in the execution of Wills.
• Claims regarding undue influence in the execution of Wills.
• Claims regarding improper execution of Wills.
• Interpretation of the terms of a Will.
• Claims regarding agreements made with the deceased before death, particularly with regards to the disposal of the estate.
• Disputes over the identification of beneficiaries.
• Claims for and against Executors and Trustees.
• Trusts and charity disputes.
• Actions for or against negligent and/or fraudulent personal representatives for breach of Trust.
• Litigation involving negligent drafting of Wills and Trusts, and rectifying Wills and Trusts.
• Contentious applications to the Court of Protection including applications in relation to Statutory Wills.
• Applications to remove or substitute Executors or Trustees, or defend such applications.

Wills and the rules of intestacy do not always provide reasonable financial provision for all those entitled to expect it. The current law gives certain people the opportunity to claim against an estate even if there is no provision for them under the Will or the Intestacy Rules.
Under the Inheritance (Provision for Family and Dependants) Act 1975 you may have a claim against an estate if you fall into one of the specified categories of permitted applicants.
You may have to demonstrate that you were dependent on the deceased at the time of their death, or living with them for two years immediately before their death. If the claim is successful, the Court can make a variety of orders which in effect rewrites the Will or the Intestacy Rules to ensure that reasonable financial provision is made for you.

In all cases, we first attempt to achieve an out of court settlement, and have experience of successfully concluding disputes for clients through mediation.  However, where matters do escalate, we have in-house specialist Litigators who see the case through to court trial.

There are time limits for family provision applications – usually it is as little as 6 months from the date of the issue of the Grant of Probate.

If you feel you might have a claim you should contact us immediately on 01234 35 80 80 for expert advice

Our Contentious Probate Team has the technical expertise and professional calibre to provide a service that has the right solutions for you.

Do not delay, call for advice that may lead to you receive what you think you are entitled to. Premier Solicitors offers sector-beating expertise, together with fast turnaround times, all at competitive prices and extended working hours of 9am to 7pm weekdays and 10am to 2pm Saturdays.

COSTS

This type of legal work is extremely complex and very costly, and once court proceedings are issued could cost tens of thousands of pounds, and so you should only instruct Solicitors who specialise in this area of law. 

The Contentious Probate Team is committed to providing you with the latest funding options and are able to offer a variety of arrangements such as conditional fees, and after the event insurance arrangements. We will discuss your specific options early on and will do everything we can to assist you in choosing the right route for you.

Call us today on 01234 35 80 80 to speak to a member of our qualified team.