Our Contentious Probate Solicitors Promise
Find out how our contentious probate team re-defined the law surrounding contesting wills.
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Thinking about contentious probate?
Call, email or provide us with a few details of your matter, and we’ll help you arrange an initial consultation. You’ll receive:
- Unlimited time to discuss your case with an experienced contentious probate solicitor
- An overview of how you might contest the will
- A clear fee-quote and time frame for your case
The Contentious Probate Experts
- Advice on the legalities of a will and your case
- Help with bringing or defending against contentious probate claims
- Advice from a leading team that changed contentious probate law in England and Wales
Commonly asked questions on contentious probate.
Contentious probate claims arise when disagreements take place over how a person’s estate should be administered after they pass away.
Claims surrounding contentious probate can be costly to bring and to defend against if mishandled, which is why it’s important to seek the right advice before taking action.
1. When do contentious probate claims occur?
There are several ways that claims over a person’s estate can arise when they have passed away, including disagreements over:
- the validity of a will, whether it was made correctly, or whether the person making it was influenced in some way
- conflicting or unclear terms in a poorly-written will
- who should and shouldn’t have been included in the will
- any financial support the person who passed away was offering at the time of their passing
- how an executor is handling the estate administration
- how an estate is divided if there was no will
- whether assets are being under- or over-valued, or have gone missing
This list isn’t exhaustive, which is why it’s important to seek advice from a professional. Contentious probate claims that do not have a clear grounds on which to contest the will or probate will likely fail.
2. How long do you have to bring a claim for contentious probate?
Ideally any claims for contentious probate should be brought as soon as possible. There are limitation periods that apply to claims brought on certain grounds, including:
- Inheritance tax disputes – six months from the date of the grant of probate.
- Claims for maintenance – six months from the grant of probate.
- Beneficiaries making a claim against the will – 12 years from the date of death.
- Fraud – no time limit.
When bringing a contentious probate claim it’s essential to act as quickly as possible and ideally prior to any applications for a grant of probate.
3. How long do contentious probate claims take?
However, for more substantial claims, it will likely take between 6 to 24 months to bring or defend against any such claims. Bear in mind that this does not include the time required applying for a grant of probate, which is typically done after any claims are settled. This can add on a further 6 to 24 months, depending on the size and complexity of the estate.
In more complex cases, or those where decisions are appealed, timeframes can amount to a number of years. In the recent claim of Rea vs Rea, where our firm was instructed to defend against a contentious probate claim, the case lasted 8 years.
5. How much does it cost to contest a will?
Costs will depend upon how complex a case is, how much evidence there is to comb through and whether expert witnesses are required. If you are considering bringing a contentious probate claim, you should carefully consider whether the size of the estate merits such action. Taking action against an estate worth less than £100,000 is rarely cost-effective.
If defending against a claim, you should always seek legal advice as it may be a simple case of dismissing the claim in the first instance. However, a claim with reasonable grounds that is undefended can quickly drain an estate of all its resources.
The main factors which influence costs include:
- Which grounds are being contested
- Counsel’s (any barrister’s) fees
- Disbursements (fees paid to third parties and court fees)
- Expert witness fees
- How long it takes to resolve the matter
Due to the complexity of contentious probate, most cases will involve bringing in barristers and expert witnesses.
6. Do you offer legal aid for a contesting a will matter?
No, we are unable to offer legal aid on any of our services. In some cases we are able to offer conditional fee agreements, however this is on a case-by-case basis.
Thinking about contesting a will? Our contentious probate team can help.
Tell us about your case and we’ll get back to you the same day.
Meet our expert contentious probate team.
Paul Britton
Managing Director
Elisabeth Squires
Director and Solicitor
Joseph Navas
Senior Associate
David Wainstein
Solicitor
Rohit Walia
Solicitor
Alexander Grist
Trainee Solicitor
Leonardo Bosco
Trainee Solicitor
Rory Lindsay
Trainee Solicitor
Grace Marchant
Paralegal
Why Britton and Time Solicitors?
Our award-winning contentious probate team consists of leading litigators and private client specialists, who have re-defined the law surrounding contesting wills. We also hold exceptional working relationships with leading Chambers to provide our clients with expert counsel when necessary.
When it comes to your specific case, we’ll always guarantee:
Award-Winning Service.
You are our priority, and the law is our speciality. Our award-winning contentious probate solicitors in London and Brighton ensure you know exactly where you stand from a legal perspective when contesting a will so you can make a well-informed decision.
Full Billing Transparency.
No fee surprises. Ever. We’ll inform you from the outset of how much contesting a will may cost, and update you every month with itemised billing.
Regular Communication.
With fortnightly updates on your case, you’ll never be left in the dark. Our contentious probate solicitors in London and Brighton ensure you know exactly how far we are with contesting your will and are with you every step of the way.
Our reviews.
It’s not about how good we think our services are; it’s about what you think.
I Cannot Recommend Britton and Time Highly Enough
Without Paul Britton, I am certain I would not have won my case. His exceptional legal acumen and compassionate client care make him the best solicitor I have ever worked with.
If anyone asks me for a solicitor who will fight tirelessly for them, I tell them to look no further than Paul Britton at Britton and Time Solicitors.
Thank you, Paul, for everything you have done for me.
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