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Find out how our contentious probate team re-defined the law surrounding contesting wills.
When inheritance disputes arise, emotions often run high. We provide sensitive yet robust representation in contested probate matters, helping you navigate complex family dynamics while protecting your legal rights and interests.
FAQs
There are several ways that claims over a person’s estate can arise when they have passed away, including disagreements over:
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.
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:
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.
There isn’t a set period for how long contentious probate claims take. In cases where a claim is brought on invalid grounds, the claim can be dismissed almost immediately. 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.
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:
Due to the complexity of contentious probate, most cases will involve bringing in barristers and expert witnesses.
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.
Call, email or provide us with a few details of your matter, and we’ll help you arrange an initial consultation. You’ll get:
No fee surprises. Ever. Our solicitors in London and Brighton will inform you from the outset how much your case will cost and we will do everything in our power to keep costs down and within your original fee estimate.
You are our priority and law is our speciality. Our award-winning solicitors in London and Brighton ensure you know exactly where you stand from a legal perspective so you can make a well-informed decision.
With fortnightly updates on your case, you’ll never be left in the dark. Our solicitors in London and Brighton ensure you know exactly how your case is progressing and are with you every step of the way.
What we do
Our untimed initial consultations provide you with as long as you need to speak to a specialist solicitor about your matter.