Contentious Probate

When dealing with the death of a loved one, it is easy for emotions to run high causing disagreements to escalate into bitter disputes and lengthy, costly legal battles.

By using our expert contentious probate solicitors at Thornton Jones, you will be giving yourself a level of separation, and the space needed, to help you stay as neutral as possible during an emotionally charged time where families can often fall out over the Will and the distribution of assets.

Contentious probate can often arise when:

The validity of a Will is challenged
There is no Will
The Will does not make reasonable provision for a family member or other person maintained by the deceased
There is a disagreement over the value of assets
There is a disagreement over how the Will is interpreted
There are disputes between executors
There are disputes between beneficiaries
There are Trust disputes
Claims are made by or against the estate
Claims made under the Inheritance Act

If you are an executor or a beneficiary caught in a dispute over a deceased person’s estate, our expert team of contentious probate solicitors can help you resolve your disagreements and reach amicable, agreeable terms quickly and cost-effectively.

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Challenging The Validity of a Will

It is upsetting enough when dealing with the loss of a loved one, but when a dispute occurs over a Will, it can make the grieving process even tougher to deal with.

If you are thinking of challenging the validity of a Will, you need to have good reasons for doing so. Grounds for challenging the validity of a Will could include, for example, a belief that the person who was making the Will:

Did not know the Will was written
Did not have mental capacity at the time they made the Will
Was placed under pressure
Did not know the contents of the Will
Did not have the Will witnessed properly

Whether you feel you have been unfairly treated, wrongfully left out of a Will, or are an executor for an estate where someone else is contesting a Will, our specialist Will dispute and contentious probate solicitors in Wakefield, West Yorkshire, can help you with either challenging or defending a Will.

Claims under the Inheritance (Provision for Family and Dependants) Act 1975

When dealing with the death of a loved one, it can often come as a surprise that they have not made a Will, or that any Will which has been made may be out of date. Sometimes the Will does not provide for those who expect to have been provided for, or the provision made is not sufficient to meet the needs of those who relied on the deceased.

Non-married couples often do not realise that unless they make a Will, they may not be entitled to anything if their partner passes away.

If you feel that a Will does not make reasonable financial provision for you, or if you are an executor facing a claim under these rules, our specialist contentious probate solicitors are here to offer expert advice and assistance in bringing or defending a claim against an estate.

Executor Disputes

Disputes between executors and administrators can occur when there is a disagreement over issues such as the value of assets, the suitability of an executor, how an executor has behaved – including any unreasonable behaviour or excessive costs and charges.

Our specialist contentious probate solicitors are experienced in all aspects of executor disputes and can help you achieve a swift and satisfactory resolution.

Beneficiary Disputes

If you are a beneficiary of a Will or the Intestacy Rules, and are caught in a feud with other beneficiaries or the executors/administrators, we can help you resolve matters efficiently and effectively.

You may also be a beneficiary of a Will or the Intestacy Rules wanting to find out information about your rightful inheritance, for example, the production of estate accounts and supporting documentation to evidence your entitlement, or you may simply wish to demand the payment of your inheritance.

Our expert contentious probate lawyers have significant experience and a proven track record of success in helping beneficiaries overcome a dispute to reach sensible solutions and agreeable terms.

Claims by or Against an Estate

You may be an executor wishing to bring a claim that is in the best interest of an estate and its beneficiaries. Alternatively, you may be an executor wishing to defend a claim made against you and the estate you represent. Either way, we can help you to negotiate and achieve sensible solutions that resolve matters, quickly.

Our specialist team of contentious probate solicitors have wide experience in dealing with all kinds of claims and threats that can be made against an estate which enables us to help you reach swift and positive solutions, enabling you to move forward and complete your duties.

By instructing our specialist team of probate solicitors, you will not only have the confidence and peace of mind that everything is being handled correctly, you will also speed up the process to reach a quick, cost effective outcome that benefits all parties involved.

What is Contentious Probate?

Contentious probate refers to disputes that arise in the process of administering a deceased person’s estate, often involving disagreements about the validity of a will, the fairness of its distribution, or the conduct of the executor.

These disputes can involve family members, beneficiaries, or other interested parties and typically centre around issues such as the legitimacy of the will (e.g., accusations of undue influence or lack of mental capacity), the interpretation of terms in the will, the actions or decisions made by the executor in administering the estate.

Contentious probate matters can sometimes be resolved amicably through mediation, but they may also escalate to court if necessary.

What Are the Common Reasons for Contesting a Will?

There are several grounds on which a will can be contested under UK law. Common reasons include:

Lack of mental capacity: The testator (the person who made the will) may not have had the mental capacity to understand the consequences of their actions at the time of writing the will.

Undue influence or coercion: The testator was pressured or manipulated by someone to make or change the will against their true wishes.

Improper execution of the will: The will may not have been signed or witnessed correctly in accordance with legal requirements.

Fraud or forgery: The will may have been falsified or tampered with.

Omissions or mistakes: The will fails to accurately reflect the testator’s intentions, or an important person has been wrongly excluded.

If you suspect any of these factors have influenced the creation of a will, it’s crucial to seek legal advice to explore your options.

How Can I Challenge the Distribution of an Estate if I Was Left Out of the Will?

If you were left out of a will or feel that the will does not reflect the testator’s true intentions, you may be able to challenge the will’s provisions. Under UK law, certain people can bring a claim if they believe they should have been included in the will, even if they were not named as a beneficiary. This includes:

Family members: Spouses, children, and sometimes even unmarried partners or dependants may have grounds to claim under the Inheritance (Provision for Family and Dependants) Act 1975 if they feel that reasonable financial provision has not been made for them.

Dependants: People who were financially dependent on the deceased, even if they were not named in the will, may have a right to claim.

A solicitor can help you assess whether you have a legitimate claim and guide you through the process of challenging the will or negotiating a fair settlement.

What Role Does an Executor Play in a Contentious Probate Case?

The executor of a will is responsible for managing the deceased’s estate, ensuring that assets are distributed according to the terms of the will. However, if there is a dispute over the will, the executor may find themselves involved in contentious probate. The executor’s duties include:

Administering the estate: This involves collecting the deceased’s assets, paying any debts, and distributing the estate to beneficiaries.

Resolving disputes: If there is a dispute between beneficiaries, the executor may have to step in to mediate or act as a neutral party.

Defending the will: If someone contests the validity of the will, the executor may be required to defend the will in court.

If you are an executor facing a dispute, or if you believe an executor is acting improperly, legal advice can help clarify your responsibilities and protect your interests.

How Can a Solicitor Help with a Contentious Probate Dispute?

If you are involved in a contentious probate dispute, a solicitor can offer expert guidance and support in several ways:

Advice and representation: A solicitor can help you understand your legal position, advise on the best course of action, and represent you in court if necessary.

Mediation and negotiation: Often, contentious probate disputes can be resolved through negotiation or alternative dispute resolution (ADR) methods, such as mediation. A solicitor can facilitate these discussions to reach a settlement without going to court.

Estate administration: If you are the executor or administrator of an estate and are facing a dispute, a solicitor can assist in managing the process, ensuring that you comply with your duties and that any challenges to the will are handled appropriately.

Defending claims: If someone is contesting the will, a solicitor can help defend the will’s validity and protect your inheritance.

Given the complexities of contentious probate cases, having an experienced solicitor can significantly reduce the emotional and financial strain of the process and increase the likelihood of a favourable outcome.

Get in touch with our contentious probate lawyers in West Yorkshire

Speak to our contentious probate law solicitors in Wakefield, Garforth, Ossett, Sherburn in Elmet or Mapplewell, West Yorkshire today by calling 01924 290 029 or ask a question using our online enquiry form.