We are delighted to share that as of April, we will be continuing our support for both of our wonderful Hampshire and West Sussex Charities of the Year. For Hampshire, we are pleased to maintain our partnership with Rowans Hospice ,...
Disputes that arise over the content of Wills or a family estate can be extremely stressful. Our team can help to resolve the problems and provide advice in relation to many contested probate matters.
The first step to resolving your disputed probate is to establish the legal position regarding your situation. Glanvilles have a team of solicitors who are fully experienced in contentious probate matters and are able to assist clients in resolving probate disputes of all kinds.
We can provide legal assistance with:
- Claims under the Inheritance (Provision for Family and Dependants) Act 1975
- Rectification of wills (cases against the way a solicitor has prepared a will)
- Substitution or removal of personal representatives (executors or administrators)
- Cases involving the Presumption of Death Act
- Claims for Lack of Capacity and Undue Influence in relation to the Testator
- Challenging the Validity of a Will
- Fraudulent Calumny
- Disputes relating to the value of an Estate’s assets
- Disputes over the interpretation of a Will
As in most of our litigation work, we recognise that the litigation process can be costly and stressful, so we will always consider alternative means of settling disputes. We have considerable experience in mediation and Alternative Dispute Resolution (ADR), which can often be considerably more cost-effective in terms of reaching a resolution.
We also deal with claims by dependents that have not been included in the Will and want to make a claim against the estate, and problems arising from intestacy.
Get in touch with our contentious probate solicitors in Chichester, Fareham and Havant
If you need support to resolve a contested probate dispute, our contentious probate solicitors are on hand to lend their expertise.
You can contact your local Glanville’s office in Chichester, Fareham, Havant or Petworth or use the contact form below, and we will get back to you quickly.
Our contentious probate services
Claims under the Inheritance (Provision for Family and Dependants) Act 1975
If you have not been left reasonable financial provision under a Will, or where there is no Will, you may be entitled to bring a claim under the Inheritance (Provision for Family and Dependants) Act 1975.
These claims are often time-sensitive and arise at a difficult time. We provide clear, practical advice on eligibility, prospects of success and available options, taking a measured approach to protect your interests and seek a fair resolution.
Rectification of Wills
Where a Will fails to reflect the testator’s true intentions due to a drafting error or misunderstanding of instructions, an application for rectification may be possible.
These cases often involve claims against the solicitor who prepared the Will and require careful evidence.
We guide clients through the rectification process, explaining the legal requirements and prospects of success, with a focus on resolving matters efficiently and ensuring the estate is administered as intended.
Substitution or Removal of Personal Representatives
Difficulties can arise where executors or administrators fail to act appropriately, cause delay, or where relationships between parties have broken down.
In certain circumstances, it may be necessary to seek their substitution or removal.
Our probate dispute solicitors advise beneficiaries and personal representatives on their rights and duties, taking a pragmatic approach to resolving disputes while ensuring the estate is administered properly and in accordance with the law.
Cases Involving the Presumption of Death Act
When a person has been missing for a prolonged period and is believed to have died, the Presumption of Death Act can provide legal certainty for families and estates.
These cases can be both sensitive and complex. We offer clear guidance on the application process, the evidence required and the implications for estate administration, supporting clients throughout with a careful and compassionate approach.
Claims for Lack of Capacity and Undue Influence
A Will may be challenged where there are concerns that the testator lacked mental capacity or was subjected to undue influence.
Such claims require careful consideration of medical evidence and surrounding circumstances.
We provide balanced, straightforward advice on the merits and risks involved, helping clients to understand their position and pursue or defend claims in a proportionate and constructive manner.
Challenging the Validity of a Will
There are several grounds on which the validity of a Will may be challenged, including improper execution, lack of capacity, undue influence or fraud.
These disputes are often emotionally charged and legally complex. We take the time to explain the legal position clearly, advising on the evidence required and the most appropriate course of action, with a focus on resolving matters efficiently and fairly.
Fraudulent Calumny
Fraudulent calumny arises where false allegations are made to deliberately influence a testator against a potential beneficiary.
These claims are rare and require strong supporting evidence. We advise on whether a claim is likely to succeed and how best to proceed, handling matters with care and discretion while working to establish the true circumstances surrounding the Will.
Disputes Relating to the Value of an Estate’s Assets
Disputes may arise over the valuation of estate assets, particularly where property, businesses or high-value items are involved.
These disagreements can affect tax liabilities and distributions to beneficiaries. We provide practical advice and work with appropriate experts where necessary, helping to resolve valuation disputes efficiently and ensure the estate is administered fairly and accurately.
Disputes over the Interpretation of a Will
Unclear or ambiguous wording in a Will can lead to disputes over its interpretation, delaying estate administration.
We advise clients on how Wills are interpreted under the law and the options available to resolve disagreements. Taking a pragmatic approach, we aim to achieve clarity and agreement wherever possible, allowing the estate to be administered smoothly and in accordance with the testator’s intentions.
Why choose our solicitors to support with a contested probate matter?
Our contentious probate lawyers have a wealth of combined expertise in handling disputes that arise over the probate process or the distribution of inheritance. As such, we can help you find a resolution to these disputes, focusing on securing a positive outcome without the need for court proceedings wherever possible.
We have a strong track record of reaching out of court settlements, which is a fast and more cost-effective way of dealing with contentious probate claims.
However, if court litigation is unavoidable, we can provide robust legal representation to ensure your interests are well protected.
We understand that contested probate matters can be stressful and, in many instances, very upsetting to deal with. That’s why our team take a sympathetic and welcoming approach, giving you all the support you need to handle your case as effectively as possible.
Contested probate FAQs
What is contested probate?
If any disputes or disagreements arise over the probate process or inheritance, this is contested probate. For instance, there may be a dispute over the validity of the Will.
How long after probate can a will be contested?
Most claims should be raised as soon as possible. Some must begin before probate, while others have strict time limits, often six months, depending on the legal grounds for the claim.
What are the most common grounds for contesting a will?
Common grounds include lack of mental capacity, undue influence, improper execution, fraud or forgery, and reasonable financial provision claims where dependants were not adequately provided for under the Inheritance Act.
Who is legally entitled to contest a will or dispute an estate?
Typically, beneficiaries, excluded family members, dependents, or those with a financial interest may challenge a will, provided they can demonstrate sufficient legal standing under relevant probate and inheritance laws.
How long does a contentious probate claim take?
Timeframes vary widely. Some disputes are resolved within months through negotiation, while complex court proceedings can take a year or more to conclude, depending on the evidence and court timeframes involved.
What evidence is required to prove ‘undue influence’ in a probate dispute?
Evidence may include medical records, witness testimony, suspicious circumstances, dependency, or coercive behaviour, showing the deceased was pressured into making a will against their wishes by another individual.
Can I challenge a will based on the deceased's lack of mental capacity?
Yes. A will can be challenged if the deceased lacked mental capacity when signing. This must be supported by medical evidence and an expert opinion about the individual’s capacity at the time of signing.
What happens if a will is found to be invalid or forged?
If a will is invalid or forged, it may be set aside, and an earlier valid will or intestacy rules will determine how the estate is distributed fairly under the law.
How much does a contentious probate claim typically cost?
Costs vary depending on complexity and duration. We aim to be transparent, discussing funding options and potential outcomes at the start of the case so you can make informed decisions.
Do I need to hire a specialist solicitor for a contentious probate matter?
Yes. Contentious probate is complex. A specialist contentious probate solicitor provides expertise and practical support to protect your position effectively during what can be an emotionally difficult process.
Get in touch with us for advice about contested probate matters
If you need support to deal with a contested probate matter, our team are on hand to lend their expertise.
To speak to our expert contentious probate lawyers, give us a call at your local Hampshire or West Sussex branch in Chichester, Fareham, Havant or Petworth or fill in our simple online enquiry form for a quick response.