What does contentious probate mean?
Contentious probate refers to a dispute, often between family members, following a person’s death.
What does contentious probate involve?
The types of disputes that are referred to as contentious probate include:
- Disputes regarding the validity of Wills
- Claim relating to financial provision made under a Will
- Disputes between executors
Who can make a contentious probate claim?
The people who most often make a contentious probate claim are family members or people that have been treated like family members by the deceased. The people who make claims tend to be people who do consider adequate provision has been made for them under the deceased’s Will or alternatively do not consider that the deceased’s Will properly reflects the deceased’s wishes.
Contentious probate time limits
The time that you have to make a contentious probate claim varies depending on the type of claim. For example, if a claim for financial provision is made under the Inheritance (Provision for Family and Dependants) Act 1975 then the general rule is that there is a 6-month time limit to make a claim from the date of the Grant of Probate. We always advise clients to obtain advice quickly if they think they may have a claim.
Contentious probate costs
How much a claim will cost usually depends on how complicated the dispute is and how many people are involved in the dispute.
When making a contentious probate claim its always important to make sure that legal costs are proportionate to the amount of money in dispute. With our experience of dealing with contentious probate claims we can advise you about the likely legal costs involved in making a claim and this will help you to decide if your claim is worth pursuing.
Alternative Dispute Resolution (“ADR”) & Mediation
The Courts encourage parties to try to resolve disputes without resulting to Court proceedings. There are different types of ADR one of which is mediation. Mediation can simply be described as assisted negotiation and it is often a cost effective way to resolve disputes compared to Court proceedings.
The best solicitors for will disputes and contested probate
Members of the Association of Contentious Trust and Probate Specials (“ACTAPS”) are solicitors and barristers who are experienced in contentious trust and probate cases.
Contact a specialist contentious probate solicitor
Bray & Bray’s dispute resolution team has specialist solicitors who are ACTAPS members deal with contentious probate and contentious trust matters on a regular basis.
To speak to a specialist today, contact the specialist team of dispute resolution solicitors using one of the telephone numbers below: