Contentious Probate

Contentious probate is a legal term that many people only become familiar with after the death of a loved one during some of the most emotionally challenging times. When a loved one passes away, their money, possessions and property need to be sorted out and passed on to others. This is known as their estate and it is divided according to their will.

However, sometimes disagreements or disputes arise regarding the will and this is known as contentious probate. This is often a highly stressful time for families, especially if they feel left out, unfairly treated or unsure about what the person who has passed away, really wanted.

Contentious probate is a complex and often emotionally fraught area of law. If you are involved in such a dispute, our team at Jefferies Claims works with specialist contentious probate lawyers. They will protect your legal rights and ensure the estate is distributed fairly.

Examples of Contentious Probate

Contentious probate means there’s a disagreement over a will or an estate of someone who has passed away. These disagreements can be very distressing when a family is already grieving.

This might happen if:

• Someone thinks the will is fake or was made under pressure.
• A family member feels unfairly left out or didn’t receive what they were promised.
• People argue over who should be in charge of sorting out the estate.
• There’s confusion because the will is unclear or contradicts itself.

For example, if a parent leaves everything to just one child and nothing to others, the children who were left out might challenge the will. Or if the person who made the will had dementia or wasn’t thinking clearly, someone might argue that the will shouldn’t be used.

So, contentious probate is all about resolving these kinds of disputes and getting help from a specialist probate solicitor may be invaluable at this difficult time. Many contentious disputes are resolved without going to court. Medication or negotiation can help families come to an agreement.

Who Can Challenge a Will?

Not just anyone can dispute a will. You can usually challenge a will if you are:

• The spouse or civil partner of the person who died
• A former spouse or civil partner (if you haven’t remarried)
• A child (including adopted children)
• A stepchild or someone treated as family
• A person who was financially dependent on the person who died
• A cohabiting partner who lived with the deceased for at least two years before their death

These people may be able to claim that they should have received more from the estate, especially if they were left out entirely.

When Does Contentious Probate Happen?

Disputes can come up at different stages after someone dies. For example:

• Right after the will is read, someone may be shocked or upset by what’s in it.
• During the probate process, people might notice something suspicious or unusual.
• New information may come to light, like the discovery of another will or evidence of wrongdoing.

In most cases, if you want to challenge a will, you must do so within six months of the probate grant, the legal permission to deal with the estate. However, some claims can be made later if there’s a good reason.

How Can We Help?

It’s important to get good legal advice early on. Our panel firms are here to help you during this difficult time, offering a range of fee structures, including ‘No Win, No Fee’ for certain cases along with other flexible funding – speak to our team to find out more.

📞 Contact Jefferies Claims today at 0333 358 3034
📝 Or complete our online contact form to arrange  an initial no-obligation telephone consultation with a member of our expert team.