Contentious probate solicitors
Explore how we can help you when dealing with contentious probate.
Contact our teamOur contentious probate lawyers specialise in navigating the intricate world of contentious probate.
Our contentious probate lawyers recognise that matters involving private wealth can often be emotionally charged, which is why our team of experienced contentious probate lawyers is committed to offering personalised guidance and assistance to individuals and families embroiled in disputes over trusts, wills, estates, and other private wealth matters. By working closely with our clients, we strive to achieve the most favourable outcome, employing negotiation, mediation, or litigation as necessary.
What is contentious probate?
Contentious probate refers to disputes or conflicts that arise during the administration of a deceased person’s estate, particularly regarding the validity of their will or the distribution of their assets. It often involves legal proceedings and can be complex and emotionally charged.
Estate matters can be highly complex, particularly when multiple properties or overseas assets are involved. Wealth structures that include trusts or rural estates can add further challenges, requiring specialist legal expertise to ensure smooth administration and compliance with inheritance laws.
Call us today on 023 8071 8000 to speak with one of our contentious probate solicitors – or fill out our online enquiry form, and we’ll get back to you as soon as possible.
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Why choose our contentious probate solicitors?
Here at Moore Barlow LLP, our contentious probate solicitors have a wealth of experience in handling complex and sensitive disputes related to wills, estates, and inheritance. We understand the emotional impact and sensitivity surrounding these matters, and we are committed to providing you with tailored advice and practical solutions to protect your interests.
Our team of experts adopts a strategic and proactive approach to resolve contentious probate disputes. Whether it’s a dispute over the validity of a will, claims for financial provision, or disagreements among beneficiaries, we have the knowledge and expertise to guide you through the legal complexities and strive for the best possible outcome.
How can our contentious probate solicitors help?
Our contentious probate solicitors are well-versed in all aspects of probate law and have successfully represented individuals and families in complex and high-value disputes. We offer a range of services, including:
- Advising on the validity of a will and contesting its contents
- Resolving disputes among beneficiaries or executors
- Claims for financial provision under the Inheritance (Provision for Family and Dependants) Act 1975
- Mediating and negotiating settlements to avoid costly and lengthy court proceedings
- Representing clients in court, if necessary, to protect their rights and interests
We understand the importance of providing a supportive and empathetic service during what can be a challenging time. Our team is dedicated to guiding you through the process, keeping you informed at every stage, and working tirelessly to achieve a resolution that is in your best interests.
We have offices in London, Richmond, Southampton, Guildford, Lymington and Woking and offer specialist contentious probate legal services to clients nationwide.
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Contentious probate FAQs
What does a contentious probate solicitor do?
A contentious probate solicitor handles disputes over wills, estates, and inheritance. They assist beneficiaries, executors, and family members in resolving conflicts such as contested wills, claims of undue influence, lack of mental capacity, or disputes over asset distribution. Their role is to protect clients’ interests and seek fair legal resolutions.
What is the difference between contesting a will & contentious probate?
The difference between contesting a will and contentious probate lies in the scope of the dispute:
- Contesting a Will refers specifically to challenging the validity of a will. This may be based on claims such as lack of mental capacity, undue influence, fraud, improper execution, or lack of knowledge and approval by the testator. If successful, the will may be declared invalid, and an earlier will or intestacy rules may apply.
- Contentious Probate is a broader term covering any legal disputes related to an estate after someone has passed away. This can include contesting a will, disputes between beneficiaries, disagreements over executor conduct, claims under the Inheritance (Provision for Family and Dependants) Act 1975, or conflicts regarding estate administration.
Both require legal expertise to resolve, whether through mediation or court proceedings. Seeking specialist advice early can help protect your rights and improve the chances of a successful outcome.
How much does contentious probate cost?
The cost of contentious probate varies depending on the complexity of the dispute, legal fees, and whether court proceedings are required. Many solicitors offer fixed fees, hourly rates, or no-win-no-fee agreements in certain cases. Costs can range from a few thousand pounds for straightforward disputes to tens of thousands for complex litigation. Seeking early legal advice can help manage costs and explore alternative dispute resolution options.
What is the limitation period for contentious probate?
The limitation period for contentious probate depends on the nature of the claim. For claims under the Inheritance (Provision for Family and Dependants) Act 1975, the deadline is six months from the date of the grant of probate. If disputing the validity of a will, there is no strict time limit, but acting promptly is crucial.
Other claims, such as fraud or proprietary estoppel, may have different limitation periods. Seeking legal advice early ensures you do not miss key deadlines and strengthens your case.
How long can probate be contested?
Once the six-month deadline has passed, your ability to bring a formal claim may be lost. Beneficiaries have up to 12 years from the date of death to claim their inheritance rights. However, acting quickly is crucial, as delays can make it more challenging to gather evidence and prove your case effectively.
What is the pre action protocol for contentious probate?
The Pre-Action Protocol for Contentious Probate is a set of procedural steps designed to encourage early resolution of disputes before court proceedings begin. It promotes open communication, evidence exchange, and negotiation to avoid unnecessary litigation.
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