Contentious probate refers to any dispute that arises over a deceased person’s estate. This could be challenging the validity of a Will, disagreeing with how the estate is being administered, or making a claim for reasonable financial provision from the estate. These disputes can arise between beneficiaries, executors, and potential claimants who feel they should have been provided for.

A Will can be challenged on several grounds:

• Lack of testamentary capacity – the person making the Will didn’t have the mental capacity to understand what they were doing
• Undue influence – someone pressured or coerced the deceased into making or changing their Will
• Lack of knowledge and approval – the person making the Will didn’t understand or approve its contents
• Invalid execution – the Will wasn’t signed or witnessed correctly
• Fraudulent or forged Wills
• Rectification – if there’s been a clerical error or failure to understand instructions

Time limits vary depending on the type of claim:

• Inheritance Act claims should be brought within 6 months from the grant of probate
• Claims challenging the validity of a Will have no strict time limit, but should be brought as soon as possible
• Claims against the estate administration have a 12-year limitation period

We strongly recommend seeking legal advice as soon as possible, as delay can harm your case and courts may be reluctant to grant permission to bring claims out of time. Do not delay – it is best to be prepared. If your inheritance issue needs to be resolved, speak to our team.

Our No Win No Fee agreement means you won’t have to pay any legal fees upfront or during your case. This includes our basic charges, disbursements and After The Event insurance (ATE) if a policy is taken out. If your case is unsuccessful, you won’t have to pay our fees. We’ll explain all costs incurred if your claim succeeds, and only if your claim succeeds, clearly at the start of your case.

Yes, you can contest a Will even if you’re not named as a beneficiary. You might have grounds to challenge if:

• You were financially dependent on the deceased
• You are the spouse of the deceased and where your inheritance (or lack of) from their estate is not reasonable
• You are the child of the deceased, or were treated as if the child of the deceased, and your inheritance (or lack of) from their estate isn’t enough for you to live with a reasonable quality of life
• You were promised an inheritance that isn’t reflected in the Will, and especially where you have relied upon that promise to your detriment
• You believe the Will is invalid
• You were named in a previous Will
• You’re a family member who would inherit under intestacy rules if the Will were invalid

Initially, we’ll review your case and gather evidence. Where possible, we try to resolve disputes through negotiation or mediation to avoid court proceedings. If court action is necessary, we’ll deal with each stage, from filing the claim to representing you at hearings. Throughout the process, we focus on achieving the best outcome while managing costs and preserving family relationships where possible.

For suitable cases, we offer a genuine No Win No Fee agreement, meaning there are no upfront costs and no costs to pay as the case progresses. Each case is different, and the eventual costs can vary depending on complexity and how long the dispute takes to resolve. We’ll provide clear information about potential costs at the outset and we keep you updated throughout your case.

Useful evidence can include:

• Medical records (for capacity challenges)
• Previous versions of Wills
• Correspondence with the deceased
• Financial records showing dependency
• Witness statements from family members or friends
• Evidence of promises made by the deceased

We’ll help you identify and gather the relevant evidence for your specific case.

Yes, it’s common and perfectly legal for an executor of a Will to also be a beneficiary. If they are a beneficiary, they must have not signed the will as a witness. However, as an executor they must act impartially and in the best interests of all beneficiaries. If you believe an executor is not performing their duties properly or is favouring their own interests, we can help you challenge their actions or seek their removal.

If an executor isn’t administering the estate correctly, is causing unreasonable delays, or is acting inappropriately, then action can be taken against them. We can help you take appropriate action against executors who aren’t fulfilling their duties.