Contentious probate can be understandably a little confusing for those who are new to the prospect, that is why we have a complete guide to contentious probate and how to deal with cases that arise.
What Is a Contentious Probate Case?
Contentious probate is a legal area that refers to disputes over how a deceased person’s estate is distributed after their death.
When a person dies, their estate is administered and all of their assets are distributed to the beneficiaries in accordance with the deceased’s last Will.
If the deceased did not leave a Will, the person is deemed to have died intestate and a legal formula is then used to dictate the distribution of the assets.
In most cases, the administration of estate is handled without any issues, however, there are occasions when legal disputes arise. When that happens, the process becomes contentious and requires specialist advice in the area of “contentious probate”.
Disputes can occur for a variety of reasons such as the belief that the Will is fraudulent or has been forged; that the testator lacked the required mental capacity to make will or the suspicion that the deceased made the Will while under “undue influence”.
In the guide below, we look further at the legal disputes that can arise if a person does not leave a Will after they die. If you have any questions about Contentious Probate, ensure that you contact the BBS Law Contentious Probate Team.
Causes of a Contentious Probate Case
Inheritance disputes can arise for a variety of reasons including, but not limited to:
- Concerns about the validity of the will
- Suspicions of undue influence
- Allegations of forgery or fraud
- Questions surrounding the deceased’s mental capacity during the creation of the will
- Exclusion of Beneficiaries
- Debts and Liabilities
- Ambiguities in the Will (vague/unclear language that could be misinterpreted)
There are a range of issues that could lead to a contentious probate case, if you’re unsure of what branch of law your issue may fall under, don’t worry. Legal professionals are there to help navigate these issues, ensuring that each unique situation is treated as such.
At BBS Law your expert trust dispute solicitors, we will help you through these difficult times no matter how difficult the circumstance, get in touch with us to find out how we can help.
How Long Would a Contentious Probate Case Take?
The duration of the probate process can vary significantly depending on several factors, including the size and complexity of the estate, whether there is a will, and whether the probate is contentious. In general, straightforward probate cases might take anywhere from a couple of months to a year to complete. However, when disputes arise, the timeline can extend considerably.
Some things that influence the duration of Contentious Probate cases may include:
- Case complexity
- Tax considerations
- Contested wills
- Court schedule
In contentious probate cases, it’s not uncommon for timelines to vary greatly, so be wary of trying to predict timelines. This is particularly true if the dispute is complex or involves multiple parties.
Engaging legal professionals early on can help manage the process more efficiently and may assist in resolving disputes more quickly.
Frequently Asked Questions
What Is Contentious Probate?
Contentious probate involves the legal process of disputes over the validity or administration of a deceased person’s estate. For contentious probate solicitors in London choose BBS Law for all of your needs from bringing a claim to financial provision guidance we’ve got you covered.
How Can I Challenge a Will?
To challenge a will, you typically need to provide evidence supporting your claim, such as medical records, witness testimony or other documentation relevant to your dispute. As a private client of BBS Law our expert team will work around the clock to fight your corner leaving no stone unturned.
How Can I Prevent Inheritance Disputes in the Future?
Ensure your will is clear and transparent, where possible discuss with your family in advance, regularly review and update your estate documents to help minimise the risk of probate disputes after your passing. Sometimes people may feel aggrieved with what they receive. That’s why it’s important to have contentious probate solicitors on hand to solve issues.
Looking for a more in-depth look into contentious probate? See our guide below.
Download Contentious Probate Guide
