Legal Disputes over Probate

Legal Disputes over Probate

 

Probate can be a demanding process, even if there is no dispute over the distribution and administration of an estate. However, in recent years we have seen a steady increase in the number of contentious probate cases. The origins of a contested probate case are varied but could include a challenge to the validity of the will or the proposed distribution of assets. The basis for the claim could come from perceived errors, fairness, coercion, suspected fraud, capacity, forgery, concerns about executors and so on.

Anyone with an interest in an estate can make a contentious probate claim or indeed people who believe they have been wrongfully excluded from a will.

Challenging someone else’s probate application can be done by entering a ‘caveat.’ A caveat initially lasts for 6 months but you can extend it for another 6 months. This stops all applications for probate on the estate being granted during that time. However, before doing this it would be sensible to try and resolve the issues with the person applying for a probate. If the concern cannot be settled then it is likely that legal representation will be required, from a lawyer who has experience of contentious probate.

Solicitors will often attempt to resolve contentious probate through a dispute resolution process which will avoid the costs associated of taking a case to Court. It has been estimated that there are around 10,000 contested probate cases each year in the UK but only a small percentage make it to court.

Securing experienced, legal support for a contested probate matter is an important factor when it comes to representing your interests. Our team members will be able to advise you as to the process, the validity or otherwise of your challenge and represent your interests until the challenge is concluded.

To discuss a contested probate matter with an experienced specialist please contact us by e-mail or phone. We understand this process can be emotionally challenging and we will be happy to welcome you at one of our offices that is convenient for you.

t: 0800 302 9448

e: info@pictons.co.uk