Contentious probate is a term used to describe a dispute that arises after the passing of a loved one. It can also be referred to as a will dispute or an inheritance dispute.

Common claims can arise when:

• A surviving spouse, certain relatives or someone who depended on the person who died have not been provided for in a will. A claim can be made for reasonable financial provision from the estate within short and strict time limits.

• There are circumstances to believe that the will is invalid. This can be if the individual who had passed away lacked mental capacity, if there is suspected fraud or forgery or if there is the suspicion that the individual was influenced by someone else. It can also arise if a will has not been signed correctly.

• There are concerns that an executor, who is the person responsible for collecting assets and dealing with the estate, is not acting correctly in the administration of an estate. Concerns can include that it is taking too long, that some people are being favoured over others or if decisions are being made that are not in the best interest of the estate.

• An individual has been promised something and that promise has not been fulfilled by the will of the person who has passed away.

Similar problems can arise in relation to trusts if, for example, a beneficiary isn’t happy with how the trust is being managed or invested by the Trustees and we also have the expertise to deal with these claims.  

We act for individuals who want to bring claims against the estate, executor or trustees, and we act for the people dealing with the estate or trust when challenges are raised like the above.

These claims can be complex, and some have very short timescales before they can no longer be pursued. It is therefore very important to get legal advice as soon as possible when these concerns or problems arise and that’s why we have a specialist team who deal with these situations.

We also act in professional negligence claims in relation to the above and against, for example, a solicitor who has delayed or incorrectly drafted a will and, as a result, a beneficiary has lost an inheritance.

Please contact us for a free initial consultation on 01937 227830 or email Leighan.banks@htf-legal.co.uk