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Dispute Resolution
Contentious Probate
Our specialist contentious probate and will dispute solicitors are here to help families and individuals find a fair solution.
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Expert contentious probate solicitors
What is contentious probate?
Contentious probate means any dispute about how a person’s estate – that is their money, property or other possessions – is passed on to other people after they die. It includes, but is not limited to, contesting a will and sometimes there is no will – if the dispute involves an intestate estate.
Navigating complex estates and the risk of disputes
Estates are sometimes extremely complex, for example, if there are international assets, several properties, blended family arrangements or wealth structures which incorporate trusts. Added to that, it’s often difficult handling the death of someone you know and may be close to and disputes make it so much worse.
"Critical perspective on commercial inter-family issues being mindful of the niceties of how disputes can affect human issues." Legal 500
Supporting you through estate and trust disputes
We understand how sensitive these situations can be and aim to guide you with as little stress as possible. Whether you are an executor, beneficiary, or expected beneficiary, we support you in bringing or defending claims. We also advise trustees, including individuals and organisations.
Our team includes members of the Association of Contentious Trusts and Probate Specialists (ACTAPS) and the Society of Trust and Estate Practitioners (STEP).
Contesting probate when there is no will
We can help you with a range of issues relating to there being no will including:
- a partner who was not married to the deceased, who hasn’t been provided for
- a child or another dependant who hasn’t been provided for
- when a married partner who is now estranged has inherited – this can sometimes occur if someone dies unexpectedly
- arguments over who should administer the estate.
Contesting probate includes many different types of disputes.
- claims for ‘further provision’ where a person feels they should have been provided for, usually by a spouse, parent, adult child, or someone who was financially dependent on the deceased – under the Inheritance (Provision for Family and Dependants) Act 1975
- trusts – where money and assets have been left in a trust, disputes over the ownership of the assets, which trustees are appointed, how the finances are managed on behalf of the beneficiaries
- to honour a promise not reflected in the will, for example, where a person has worked on a farm for their lifetime under the promise it would be passed wholly or partly to them
- to clarify a will’s meaning for example, where it is confusing
- to rectify a will where there is a mistake in the will’s content for example, establishing correct ownership of a property
- lifetime gifts – whether the person who has died was of sound mind at the time the gifts were made
- challenging the appointment of an executor
- removing an executor
- mismanagement by an executor
- managing disagreements between beneficiaries or between trustees
- establishing the value of complex assets
- lost and damaged wills
- court applications, for example, to produce documentation or retrieve assets which were wrongly given
- protecting the interests of vulnerable people unable to manage their own affairs
- professional negligence claims.
Legal and financial advice under one roof
Tees is a top-tier Legal 500 firm offering joined-up legal and financial services. We have our own independent financial advisers (IFAs), who work closely with our lawyers.
Our advisers provide holistic financial planning and as we are not connected to any one provider, we can offer a whole-of-market approach for the range of products we can advise on. We can also give independent advice for a whole range of insurance products to protect you and your family. Our IFAs are regulated and authorised by the Financial Conduct Authority, which means we’re accountable for the advice we give.
Get in touch today, we’re here to help
If you’re facing a dispute over a will or estate, our contentious probate team can help you understand your options and guide you through the process. Speak to us today for clear, practical advice tailored to your circumstances.
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Our experience in contentious probate
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Contentious probate FAQs
Can I contest a probate?
Yes, but to do so you need to be:
- a beneficiary under either the current will or a previous will
- someone who has an entitlement to administer the estate
- a family member
- someone owed money by the person who died
- someone dependent financially on the person who died
- someone who was promised something that you haven’t received.
Can I contest a probate before it is granted?
Take action quickly and ideally before probate has been granted and the estate distributed. A first step is to enter a caveat with the Probate Registry. The caveat lasts six months (and can be extended for another six months) and prevents probate being granted while the dispute is still unresolved.
Can you contest a will after probate?
Yes. However, it’s preferable to do it before assets have been distributed or disposed of. If you plan to challenge a will, you can get a caveat on the estate first, which prevents probate being issued, thus buying you and your legal adviser more time.
After probate it is important to act as quickly as possible as the assets may already have been distributed. Additionally, there may be some time limits on a claim: fraud claims have no time limit but claims under the Inheritance Act 1975 are limited to six months from the grant of probate. Time limits are governed by legislation and depend on the type of claim. This is a complex area and you should get expert legal help as soon as possible.
Which court deals with contentious probate?
The High Court. The probate jurisdiction of the High Court is divided between the Family Division and the Chancery Division. The Family Division deals with non-contentious or common form probate business and the Chancery Division deals with contentious or solemn form probate business such as asking the court to approve a will to avoid further dispute. The Probate Registry deals with issues concerning caveats.
Frequently asked questions
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You might also need
A Deed of Variation lets you give assets you’ve inherited to another person, or organisation, often reducing your tax bill.
After a death, the estate might be liable for inheritance tax. We can help you plan your finances efficiently and well in advance, so you don’t need to pay more than you have to.
Sometimes families can have differing views of what a deceased relative wanted or intended in their will. Promises may have been made verbally, or there may be concerns about the validity of a will.
If you own a family business, or have assets you want to pass down to the next generation, succession planning might be right for you.
