What is Contentious Probate?

Contentious probate refers to disputes that arise during the administration of a deceased person’s estate. These disagreements can occur for various reasons, such as questions about the validity of a will, concerns about how the estate is being managed, or conflicts between beneficiaries. If you’re facing such issues, you’re not alone – and we’re here to help.

Types of Contentious Probate Cases

Contentious probate cases come in many forms. Here are some of the most common types we deal with:

1. Will Validity Disputes

Sometimes, there are questions about whether a will is valid. This might be due to concerns about the deceased’s mental capacity when they made the will, suspicions of undue influence, or worries about fraud. Another ground for challenging a will’s validity is if it wasn’t properly executed – for example, if it wasn’t signed or witnessed correctly according to legal requirements.

2. Inheritance Act Claims

If you’ve been left out of a will or feel you haven’t been adequately provided for, you might be able to make a claim under the Inheritance (Provision for Family and Dependants) Act 1975.

3. Executor Disputes

Conflicts can arise when beneficiaries believe the executor isn’t managing the estate properly or fairly. This might involve concerns about delays, mismanagement of assets, or unfair distribution.

4. Interpretation Issues

Sometimes, the wording of a will isn’t clear, leading to disagreements about what the deceased actually intended.

5. Removal of Executors

In cases where an executor is failing in their duties or acting inappropriately, it may be necessary to have them removed and replaced.

6. Proprietary Estoppel

This involves situations where someone was promised an inheritance but that promise wasn’t fulfilled in the will.

7. Trust Disputes

These can arise when there are disagreements about how a trust is being managed or interpreted. For instance, beneficiaries might dispute the trustees’ decisions, or there might be confusion about the terms of the trust. Trust disputes can be particularly complex as they often involve ongoing financial arrangements rather than one-off distributions.

Each of these situations can be complex and emotionally charged. It’s crucial to get expert legal advice to understand your rights and options.

Contentious probate matters often involve intricate legal principles and can have significant financial and personal implications. Whether you’re an executor facing challenges or a beneficiary with concerns, seeking legal advice early can help protect your interests and potentially avoid costly court proceedings.

It’s important to note that there are often strict time limits for bringing claims in contentious probate cases, particularly for Inheritance Act claims. Failing to act promptly could result in you losing your right to make a claim. Therefore, it’s crucial to seek legal advice as soon as possible if you believe you may have a claim.

Executors and trustees in contentious probate matters should seek early legal advice. Maintaining neutrality is crucial, as failing to do so can have adverse consequences.

Why should I instruct Lennons Solicitors?

At Lennons Solicitors, we pride ourselves on delivering expert legal services with a personal touch. Our contentious probate team offers the perfect balance of professional expertise and approachable support.

We understand that contentious probate matters can be emotionally challenging and legally complex. That’s why we’re committed to providing clear, practical advice tailored to your unique situation.

Our dispute resolution department is led by Marcella Cox, a solicitor with extensive experience in contentious probate cases. Under Marcella’s guidance, our team offers:

1. Personalised strategies: We take the time to understand your specific circumstances and develop a tailored approach to achieve the best possible outcome.
2. Clear communication: We explain complex legal concepts in plain English, ensuring you’re fully informed at every stage of the process.
3. Efficient resolution: Our goal is to resolve disputes effectively, minimising stress wherever possible.
4. Transparent costs: We believe in open and honest discussions about fees. We offer flexibility in our funding arrangements and will work with you to find the most suitable option for your circumstances.

Whether you’re an executor facing challenges, a beneficiary with concerns, or someone considering a claim against an estate, our team has the knowledge and experience to guide you through the process.

To discuss how we can help you, please call or email Lennons Solicitors today.

We can speak in a way that is most convenient to you, by telephone, video meeting or in person. Talk to our friendly, experienced litigation solicitors in Buckinghamshire and Hertfordshire today.

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