The death of any family member is always distressing. This is then exacerbated further when a Will is challenged or there is no Will and claims are made by others to share in the estate. If you find yourself in such a situation why not give us a call and arrange a free 30 minute appointment with one of our specialist solicitors.
Pindoria Solicitors has qualified and experienced probate dispute solicitors dealing with various forms of contentious probate. Our expert probate dispute lawyers can deal with any kind of dispute relating to Wills, obtaining probate, and administering estates. This also includes dealing with any arising trusts even relevant Court of Protection issues. Speak to Sangeeta Rabadia on 0208 951 6959 or complete our online enquiry form and we will contact you directly.
We will ensure that all clients receive prompt and sympathetic advice on the wide ranging legal implications of bringing or defending such a claim. We will also advise you on your case and can discuss the funding options available to you.
In such matters, we seek to deal with the case is a sensitive and sensible way which works well alongside our legal expertise. Our probate dispute solicitors will steer you through the legal processes and ensure we assist you in resolving the matter in a quick and efficient way.
In addition, our probate dispute lawyers advise on pre-emptive measures to avoid such disputes from arising in the first place that might arise between trustees and executors.
Areas of specialism
- Claims in accordance with the Inheritance Act 1975
- Disputed Wills
- Fraudulent Wills
- Challenging of wills on the basis of lack of mental capacity or undue influence
- Disputes of assets and properties
- Disputes in the administration of estates
- Caveats, warnings & challenges on Grants of Probate
- Contested Court of Protection
- Disputes over the identification of beneficiaries
Legal costs can be significant in contentious probate dispute. Therefore, we will:
- wherever possible explore with you alternative dispute resolution options in order to reduce the stress and costs involved.
- ensure that you are aware of the professional costs implication of any dispute. Costs escalate rapidly, and the Courts will not automatically order that the costs be paid out of the funds in dispute. Accordingly a “loser” could end up paying all the various parties costs out of his/her own pocket.
- review the issue of costs with you on a regular basis and endeavour to discuss the costs position regularly with our counterparts acting for the other parties involved.
- ask you to consider making reasonable offers of settlement, where appropriate, so all parties focus their attention on the costs of the dispute in the context of the sum in dispute.
Please contact our probate lawyers if you require more information on our probate dispute services and the right advice for your probate disputes.
What is contentious probate?
Contentious probate refers to the occurrence of a dispute over the property of a family member after their death. The probate dispute generally arises when someone in the family does not agree with the will or thinks they are not sufficed genuinely in the will. Such situations are thereby countered with the help of contentious probate solicitors.
The probate dispute solicitors investigate the matter thoroughly and determine the true wish of the deceased person. They further try to solve the matter by providing evidence to all concerned people or legal heirs of the deceased person. If the conflict does not settle, the case is moved to court.
How much does it cost for a solicitor to sort out probate?
Probate dispute solicitors usually charge the client on an hourly basis. However, a few solicitors may ask for a fee based on the percentage of the property’s value.
There are a few companies that have a fixed probate cost for their services. The fee is fixed as per the estimated volume of the work. Other than that, the majority of the banks also offer probate. However, they are usually considered expensive than other mediums.
What happens when you contest a will?
Numerous outcomes can be achieved when a legal heir of the deceased person contests a will or the court concludes the will is invalid. On disputing a will, the following conditions may occur:
- The court may dismiss the will.
- A pre-existing will can be put up in the court.
- In case of no will, the assets are fairly distributed amongst the legal heirs as per the state intestacy law.
- The court can uphold some part of the will, and the remaining part is left to interpret by the court.
The court usually studies all the facts on the occurrence of such will disputes and then comes to an impartial decision for the deceased person’s real estate and other possessions.
What grounds do you need to contest a will?
There can be several reasons to contest a will. Some of the most common reasons include:
- The will is made under the influence or coercion of someone.
- The mental health of the person making the will is challenged.
- Challenging a will is possible in case of forgery or fraud.
- Will does not satisfy the requirements of the Wills Act 1837.
- The testator doesn’t approve the contents of the will.
All these reasons provide sufficient grounds for contesting a will. Generally, you need the help of contentious probate solicitors to contest a will.