Contentious probate refers to any dispute over a person’s Will. Our Will dispute solicitors can help with a wide range of contentious probate issues including contesting a Will, disputes with an executor, inheritance disputes and a sibling contesting a will. Contact us for advice and guidance on disputed wills and probate.
Contentious probate issues can exacerbate an already difficult situation. Our contentious probate solicitors can help you if probate does not go smoothly or an estate is not to be distributed in a way perceived as fair by all and can talk to you about common causes of will disputes and legal problems.
Contentious probate rules: Inheritance issues and unreasonable provision
If you are disappointed by the amount left to you by Will or under the intestacy rules, you may be able to bring an inheritance claim under the Inheritance (Provision for Family & Dependents) Act 1975 for reasonable financial provision if you:
- Are or were married or in a civil partnership with the deceased;
- A child or treated as a child;
- Were otherwise financially supported by the deceased.
- If the deceased promised to see you were provided for an you have acted in reliance of that promise (Promissory or Proprietary Estoppel);
- You may have a claim on the Estate if you financially helped the deceased on the understanding that you would share a benefit (TOLATA)
Our inheritance solicitors in York, Selby, Malton and Pickering have considerable experience of acting for both disappointed Beneficiaries and in defending this nature of claim including matters referred to the House of Lords.
Contesting a Will: How do I challenge a Will?
If you feel you have a contentious probate claim and want to contest a Will, our Will dispute lawyers can advise as to the validity of a Will if you believe:
- The maker did not know what he or she was doing or leaving or;
- The maker was pressurised by others or;
- Legal formalities were not properly followed when the Will was made.
Difficulties with Administration
We can advise when there is a concern that an Executor is not performing his/her duties as required, for instance, we may be able to:
- Demand Estate Accounts;
- Apply to replace the Executor or Personal Representative;
- Seek clarification from the Court regarding unusual scenarios
Talk to our Contentious Probate Solicitors for help and advice on probate issues and inheritance act claims.