Contentious probate refers to disputes over a deceased person’s estate. These disagreements can arise for many reasons, such as if there are questions over the validity of a will, concerns about undue influence, or conflicts between beneficiaries. If you’re facing an inheritance dispute, it’s natural to feel uncertain about what comes next.
At Switalskis, we understand that contesting a will or facing a probate dispute can be an emotional and challenging experience. Our specialist solicitors are here to guide you through the process with clarity, empathy, and expert legal support.
When you get in touch with us, we first work out what you're aiming to sort out in the contested probate case. Are you challenging a will or concerned about the administration of an estate? We'll lay out the steps you'll need to take so you know what lies ahead.
We stick with you throughout the whole process, breaking down the legal stuff and handling the paperwork. We handle the tricky legal parts so you can focus on what's most important to you. We understand that every contested probate situation is unique, so our advice is customised to fit your specific needs.
With Switalskis, you're not just getting legal guidance; you're partnering with a team that genuinely has your best interests at heart. We'll keep you informed every step of the way, so you're never left guessing and can make choices with confidence.
Probate is the legal process of managing a deceased person’s estate, and carrying out the wishes outlined in their will or following the rules of intestacy if there is no will. It involves:
For many families, probate is straightforward. However, disputes can arise when there are concerns about the will’s validity or how the estate is being administered.
Contentious probate involves legal disputes over the administration of an estate. This can include:
If you are concerned about a will or an executor's actions, you may be able to issue a challenge, but there are only a few legal grounds on which you can challenge a will. For example, if the will wasn't signed correctly, or the person who made it didn't really understand what they were doing, it could be overturned.
Other grounds include:
Other common contentious probate issues include executor disputes, whether between multiple executors or between executors and beneficiaries, and situations where you were financially dependent on the person who died and you've been left out of the will or not given reasonable financial provision to live on. Whatever your concerns, consult our expert contentious probate solicitors to learn more about how we can help to simplify the estate administration process.
Some people are concerned about probate and will disputes because they don't want to start court proceedings at a time of grief, but it's important to take legal action if you have concerns. Being involved in a dispute regarding someone’s estate does not always mean going to court. Many disputes can be settled through:
There are many types of estate disputes that can arise during the probate process, and the process for each one is slightly different. At Switalskis, we'll explain the process during our initial consultation and advise you on how things are likely to unfold, so you know what to expect before we get started.
Contentious probate is a complex area of law, and legal guidance is essential. A solicitor can assess your situation and advise on your chances of success, potential costs, and whether alternative dispute resolution (ADR) might be a better route than court action. You need to rely on specific legal grounds to challenge a will or enter a dispute during the probate process, and our specialist lawyers can explain the options that are available to you.
To strengthen your case, you may need evidence such as:
Many contentious probate claims are resolved without going to court. Possible options include:
These approaches can save time and costs compared to litigation. Our contentious probate solicitors will advise you on potential outcomes and whether we believe this will be possible in your case.
If no agreement is reached, you may need to file a claim in court. The process involves:
Your solicitor will file paperwork on your behalf and take on the bulk of the legal responsibility, to enable you to focus more attention on the other important aspects of your life.
If the court finds the will invalid, an earlier valid will may apply, or the estate may be distributed under intestacy rules. If the claim relates to financial provision, the court may order a redistribution of the estate. If you lose, you may be liable for legal costs.
Not just anyone can contest a will. Usually, you need to have a specific reason and a close relationship with the person who has died. Most often, people who can contest a will are family members, like spouses, children or grandchildren. Sometimes, people who were financially dependent on the person who's passed away can also have a say.
If you're named in the will as a beneficiary, you can contest it if you think something is wrong. Basically, you need to be someone who stands to lose or gain something significant depending on what the will says. Our experienced contentious probate lawyers can advise you on your eligibility to issue a legal challenge.
It's always best to talk to a legal expert to see if you've got a solid reason for contesting probate after a loved one’s passing.
If you're thinking of contesting a will or challenging an executor’s decisions, you should know that time is of the essence. The grant of probate is the official document that gives the go-ahead for the estate to be distributed according to the terms of the will. This means that once the grant is issued, the executor can distribute the assets and challenging the contents of the will might be tricky. If you are thinking of making a claim for a financial provision from the estate, you typically only have six months from the date of the grant of probate to do so. Missing this deadline could mean you lose your chance to contest unless you have a really good reason for the delay and the court decides to give you some extra time.
Why is there a time limit? The law aims to keep things moving and it's not fair on the other people who stand to inherit if matters are up in the air for a long time. Plus, once assets have already been handed out, things can become more complicated for everyone if the will is later overturned.
So, if you think you have a good reason to contest a will, or you have been left out and would like to make a claim for a financial provision, it's best to get legal advice as soon as possible. Waiting too long could make it much harder for you to get what you believe is rightfully yours. Speak to our specialist solicitors today for advice tailored to your situation.
If you're involved in a dispute regarding inheritance, you might be wondering how this could affect what you're set to inherit. The answer isn't straightforward, as the outcome depends on a few things. First, if your contest is successful, the will could be revised, and that might actually increase your share. On the other hand, if you lose the case, you might end up with legal fees that could eat into any inheritance you were originally set to get.
Another thing to consider is family dynamics. Contesting a will can stir up emotions and potentially create rifts between family members. This could have long-term implications that go beyond the financial aspect of inheritance.
So, before proceeding with a claim, it's a good idea to weigh up the pros and cons carefully. Make sure you've got solid grounds to contest and consult a legal expert to get a clearer picture of where you stand. It's a big decision, and it's important to be fully aware of the potential consequences, both good and bad.
Got questions or ready to get going? Just give us a ring on 0800 1380 458 or drop us a line through the website. Whenever you need us, we're here to help.
When someone passes away, finding out that you’ve been left out of their will - or that the contents don’t reflect what you were led to expect - can be deeply upsetting. For many, this concern only becomes real after the probate process begins and a copy of the will becomes available.
When you lose someone close, the last thing you expect is to become involved in a legal dispute over their estate. Yet for many families, inheritance disputes arise unexpectedly in these circumstances. It may be because a will seems out of character, incomplete or improperly executed. You may be worried the document doesn’t reflect the deceased’s wishes, or that a loved one was pressured into signing something under undue influence.
Even if you have genuine concerns about whether or not a will reflects the deceased person's wishes, the law in England and Wales sets out strict rules about who can bring a claim, and what circumstances can give rise to a valid challenge. If you are in this position, you might be worried about whether you have any rights at all, or whether taking action will only make things harder. However, understanding how the process of challenging a will works is the first step towards deciding what legal steps you can take next.
We examine proposed Wills Act reforms and the risk they may increase probate disputes. Key changes, like electronic wills and reduced formalities, could lead to confusion over testators’ intentions.
Facing contentious probate issues can feel like you're navigating a maze, but we're here to guide you. At Switalskis, we offer clear, straightforward advice to make sure you know what you're doing.
Probate disputes can be legally complex, but we make it easy to understand. Our experienced solicitors are experts at simplifying tricky legal matters. We'll walk you through the entire process, from understanding the grounds for contesting to the type of evidence you'll need.
We know that challenging probate is a big, emotional decision. Our contentious probate team is not just knowledgeable in law; they're also excellent listeners. We'll focus on understanding your needs and situation, tailoring our advice to suit you.
With years of experience under our belt, you can rely on our contentious probate solicitors to provide solid, dependable advice. No matter how complicated your probate case may be, we've got the expertise to handle it smoothly.
We're not just about the paperwork; we're your advocates from start to finish. Whether you're entering a contentious probate dispute for the first time or have been through this before, we're committed to securing the best possible outcome for you.
If you're considering contesting probate and want to know the best way to go about it, our contentious probate team is here to offer advice that's tailored to you.
Give us a call on 0800 1380 458 or send us a message through our website to get things moving.
