Contentious Probate Lawyers York

Contentious Probate Lawyers York

For peace of mind

Switalskis offers a range of contentious probate services from our office in York, to give you peace of mind when dealing with inheritance disputes. Contentious probate refers to any dispute over how a deceased person’s estate is managed and distributed. These disagreements can happen for many reasons, from questions over the validity of a will to concerns about undue influence or conflicts between beneficiaries. While they happen for different reasons, an inheritance dispute is always an emotional and challenging experience.

Our specialist contentious probate solicitors in York are here to guide you through the process. Switalskis provides clear, empathetic and expert legal support to help you to understand your legal options and what the consequences of legal action could be.

If you need advice on a probate matter, our probate specialists can help. Call us on 0800 138 0458 or contact us through the website for an initial consultation.

There are various types of contentious probate matters we deal with:

Find our York contentious probate team:

The Switalskis York office can be found in the heart of York city centre. It's a few minutes' walk from York Minster and is accessible via public transport links throughout the city.

Contact our York office

Switalskis Solicitors Ltd
Suite 1A, 18 Back Swinegate
York
YO1 8AD

How to find us in York

Our office is situated in York city centre just a short walk from York Minster.

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Read what our clients had to say about the help they received from Switalskis

How Switalskis can help you

When you get in touch with our team in York, our first step will be to understand what you want to achieve. Whether you're challenging the validity of a will, have concerns about an executor or feel you haven't received reasonable financial provision, we’ll set out the steps you need to take so you know what lies ahead. We represent disappointed beneficiaries in claims relating to the Inheritance (Provision for Family and Dependants) Act 1975, and can also act for the person making a will or beneficiaries who wish to defend the document from challenges.

We'll be with you throughout the process to break down any complex legal terms, offer advice tailored to your specific circumstances and handle the paperwork on your behalf. Our contentious probate solicitors manage the legal aspects of your case so you can focus on what matters most in your time of grief.

With Switalskis, you get more than just legal guidance. Our team has your best interests at heart and we'll keep you informed every step of the way, so you're never left guessing and can make decisions with confidence.

What is the contentious probate process?

The process for each contentious probate claim is slightly different, and will depend on whether you're challenging a will, making a claim for reasonable financial provision or asking the court to make a decision on behalf of a close relative. However, the process to resolve disputes generally follows these steps:

Seeking specialist legal advice

The process begins when you contact our contentious probate solicitors in York for an initial consultation. We'll assess your situation, provide advice on your chances of success, and explain your options to resolve your concerns.

Gathering evidence

We'll help you to collect the necessary evidence to support your claim. This can include medical records that show a lack of mental capacity on the part of the person making the will, witness statements or financial documents for an Inheritance Act claim. We structure our approach to each client's specific requirements.

Settling the matter through alternative dispute resolution

We will usually try to settle the dispute through negotiation or mediation first, which can save you time, stress and money. Common methods for resolving inheritance disputes include:

  • Negotiation: our solicitors communicate with the other party on your behalf to find common ground and reach an agreement.
  • Mediation: a neutral, independent mediator helps all parties discuss the issues in a structured way to work towards a mutually acceptable resolution.

Issuing court proceedings

If a settlement isn't possible, we will file the claim in court on your behalf, and submit all the legal forms and evidence needed to start this process.

Court decision

If the claim proceeds to a final hearing, a judge will make a decision. If a will is found to be invalid, a previous valid will can be used, or the intestacy rules will apply. For Inheritance Act claims, the court can order a redistribution of the estate's assets.

Being involved in a dispute over a deceased person's estate doesn't always mean you'll end up in court, as many contentious probate issues can be settled through alternative dispute resolution before court proceedings are necessary. The contentious probate team at Switalskis will always explore the most effective way to resolve your case based on the outcomes you want to achieve.

We know that the claims process can be daunting, but we're here to make it as smooth as possible.

Are there time limits for inheritance disputes?

Strict time limits apply to contentious probate matters. If you want to make a claim for reasonable financial provision under the Inheritance Act 1975, you must do so within six months from the date the grant of probate is issued.

For other will disputes, such as challenging the validity of a will, there is no set time limit. Still, it's vital to act quickly. Once the executor has the grant of probate, they can start distributing the assets, which can make it much more complicated to recover them later if your claim is successful. If you have any concerns, you should seek legal advice from our York will dispute solicitors as soon as possible.

Contentious probate FAQs

What is contentious probate?

Contentious probate refers to legal disputes over the administration of a deceased person’s estate. Disputes may involve:

  • Challenges to the validity of a will
  • Disagreements over an executor’s actions or decisions about the deceased's estate
  • Inheritance Act claims for financial provision
  • Concerns about undue influence, fraud or mistakes in the will
  • Executor disputes and applications for their removal
  • Trust disputes and proprietary estoppel claims

If you have concerns about a will or how an executor is behaving, you may be able to make a contentious probate claim. The expert team at Switalskis can advise on the legal grounds available to you and help simplify the estate administration process. From our contentious probate solicitors' York office, we represent people across the wider North East to resolve estate administration, wills and trust disputes.

What is a claim under the Inheritance Act 1975?

There are only a few grounds on which to challenge a will, and this can be a complicated process. However, even if a will is valid, certain people can still make a claim against the estate if they have not been left 'reasonable financial provision'. The Inheritance (Provision for Family and Dependants) Act 1975 allows specific categories of people to apply to the court for a share, or a larger share, of the estate.

Those who can make Inheritance Act claims include:

  • A spouse or civil partner
  • A former spouse or former civil partner (who has not entered a new marriage or civil partnership)
  • A child of the deceased (including adult children)
  • Someone treated as a child of the family by the deceased
  • A cohabiting partner who lived with the deceased for at least two years before their death
  • Anyone who was financially dependent on the deceased

The court will consider many factors when deciding on such claims, including your financial needs and the size of the estate. Switalskis can advise you on whether such a claim is possible in your case and support you through the process.

Contact us today and let's start your journey towards recovery together. Call us today on 0800 1380 458, or get in touch via our form.

Why Switalskis?

Whether you have concerns about how property and assets are being managed, need to make a rectification claim to have a loved one's will corrected or are upset that you haven't received the financial provision you expected, Switalskis can help. We offer practical guidance on the contentious probate process, your funding options and the outcomes you can expect, to help you move forward with confidence.

Clarity in complexity

Probate law can be complicated, but we make it simple. Our experienced contentious probate solicitors in York are experts at explaining tricky legal issues in a straightforward way. We'll guide you through the process, from understanding the grounds for your claim to the evidence you'll need, so you know what to expect throughout the process.

Empathy at every step

We know that dealing with inheritance disputes can be emotional and difficult, especially during a time of grief or when they involve close family members. Our team members are more than just legal experts - they're great listeners who will support you with compassion and understanding.

Expertise you can trust

With a proven track record of handling complex contentious probate cases, you can rely on our contentious probate lawyers in York to provide solid, dependable advice. We have the expertise to handle your case smoothly and effectively, no matter how complicated it seems.

Championing your rights

We are your advocates from start to finish. Whether you're making a claim to get what you're rightfully owed or defending an estate against a challenge, we're committed to protecting your best interests and securing the best possible outcome for you.

Find out how Switalskis can help you

If you're based in York and need legal advice about contesting a will or an inheritance dispute, our contentious probate team is here to offer advice that's tailored to your needs.

Give us a call on 0800 138 0458 or get in touch via the form on our website to find out more about how we can help.

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