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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 dispute 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.
In terms of contested probate, we can provide legal assistance with:
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.
If you need support to resolve a contested probate dispute, our contested probate solicitors are on hand to lend their expertise.
Our contested probate solicitors 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 these types of disputes.
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.
At Glanvilles, we combine an outstanding service with genuine legal expertise. When you work with our team on a contested probate matter, you will have your own personal lawyer who will handle your case, working proactively to reach a positive conclusion as cost-effectively as possible.
When you work with our contested probate solicitors, we promise:
When someone dies, they will have appointed Executors in their Will to settle their affairs. If there was no Will, or the named Executors are not willing to act, an administrator will be given the responsibility of dealing with the deceased’s estate.
Settling someone’s affairs could refer to a number of tasks, including but not limited to valuing an estate, paying off debts, paying Inheritance Tax and distributing inheritance to any beneficiaries that have been named in the Will (or under the rules of intestacy). This is called 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.
Most challenges to Wills are submitted by the family members of the deceased. However, it is important to note that not all family members are entitled to claim inheritance because they are related to the deceased.
This means, if a family member is omitted from a Will, they need to bring forward evidence to be able to receive any financial provision.
It is often possible for the children of the deceased to make a claim under the Inheritance (Provision for Family and Dependants) Act 1975 if they require reasonable financial provision.
Again though, children (especially adult children) have no automatic entitlement to inheritance.
Before deciding whether someone has been unfairly omitted from receiving an inheritance, the court will consider a number of factors, including:
It is possible for beneficiaries to challenge a Will, even if they are due to receive inheritance. There are a number of potential reasons for a beneficiary to challenge a Will, including:
There are usually very strict time limits for contesting a Will. Often, the time limit for claims under the Inheritance Act is six months, while beneficiaries making a claim against an estate will have 12 years from the date of death.
Contested probate matters can be resolved in several different ways, and, in many instances, there is no need to take a matter to court.
In certain scenarios, it may be possible to reach a resolution through mediation and Alternative Dispute Resolution, which means court litigation is not required.
If an agreement cannot be reached via this route, then the only other solution would be to make a court application to find a resolution.
If you need support to deal with a contested probate matter, our team are on hand to lend their expertise.
To speak to an expert solicitor about resolving a contested probate matter, 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.