Contentious Probate and Trust

Specialist contentious probate solicitors are engaged in all areas where there is a dispute surrounding the administration or distribution of a deceased’s estate.

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Contentious Probate and Trust Legal Services

If you’re looking for competent, knowledgeable and skilled contentious probate solicitors, we at BBS Law are here to help.

What Does Contentious Probate Law Mean?

Contentious probate solicitors work across the broad area of law whereby one party challenges either the validity of a will, whether a will has made reasonable financial provision for someone or is challenging the behaviour of parties involved in the administration of the deceased’s estate.

Specialist contentious probate solicitors are engaged in all areas where there is a dispute surrounding the administration or distribution of a deceased’s estate and inheritance act claims.

What Does A Claim Typically Involve?

Contentious probate rules often consist of common claims that are made by family members that the deceased’s last will is not valid.

Another separate challenge to a will is that it fails to make reasonable financial provision for a certain person who is connected to the deceased.

A further area of challenge may be where the executors are not fulfilling their obligations in administering the estate.

This could be either by failing to act at all or by acting in a way that is not in the best interests of the beneficiaries of the estate, in this case trust dispute solicitors are able to help with the legality.

Bringing a claim of this nature by definition admits that the will is valid – the challenge is simply that the will in its present form is unfair.

The various challenges are made to give rise to differing outcomes or remedies. For instance, someone may seek to set aside a will which will result in the previous will becoming the last will.

A successful challenge for reasonable financial provision will result in one or more of the existing beneficiaries’ share in the estate being reduced; a challenge against the conduct of the executors could result in their removal.

Grounds That a Probate Can Be Contested

There are numerous grounds upon which probate can be claimed, and our contentious probate solicitors in London can help you do this.

One of the most obvious, is that the will which a party is seeking to prove is not in fact the deceased’s last will.

The more common challenge to the validity of will may include, but is not limited to:

The testator lacked testamentary capacity
The testator lacked knowledge and approval
Failure to comply with the formalities when executing the will (such as the witnesses not both being present when the will was signed)
Undue influence

All of these different grounds require different evidence to enable a claim to set aside the will to proceed and to solve inheritance disputes.

We understand this can sound incredibly complicated, but there is no reason to feel apprehensive. If you don’t know where you stand with this, get in touch with our contentious probate solicitors at BBS Law to find out how we can help.

How Do I Make a Claim Under the Inheritance Act 1975?

Bringing a claim under the Inheritance (Provision for Family & Dependents) Act 1975 means that it must be brought within 6 months of the grant of probate.

There are some other areas of eligibility that you should be aware of before considering inheritance act claims. Some of the key areas of eligibility include, but aren’t limited to:

The claim must set out the claimant’s connection to the deceased
It must explain why the will fails to make reasonable financial provision
It must explain what provision should be made
Submit your claim within 6 months of grant of probate or letters of administration

Our team at BBS law is able to help you with contentious probate rules, so if you’re unsure, get in touch and we will guide you through the process with ease and professionalism.

What Happens When Someone Doesn’t Respond to Inheritance Disputes Claims

In most contentious probate disputes, if someone doesn’t respond to a claim the court will list a hearing to determine what order the court should make.

Often, it can result in Default Judgement meaning that if the respondent (the person who is supposed to respond to the claim) does not respond within the specified time frame set by the court, the claimant (the person making the claim) can apply for a default judgement.

This means the court has the potential to decide in favour of the claimant without a trial.

Nonetheless, there are a range of different outcomes when it comes to a non-response to a claim, such as the involvement of executors. If the respondent is a beneficiary who does not respond, the executor might need to defend the claim to protect the interests of the estate and other beneficiaries.

In other instances there may be the chance to settle. This is because even if the respondent does not initially respond, there may still be opportunities for settlements or negotiations later in the process.

For more details on the subject, read some of our FAQs below and for more information, get in touch with us today to find out how we can help if you’re in a situation that requires contentious probate solicitors to be on hand for the best resolution.

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Frequently Asked Questions

What Is Reasonable Financial Provision?

Under the Inheritance (Provision for Family & Dependents) Act 1975 the claim is that the will fails to make “reasonable financial provision”. Unfortunately there is no science as to what that term means. It depends upon the status of the claimant to the deceased and thereafter all of the circumstances of the case including the size of the estate, the claimant’s circumstances and all of the other beneficiaries circumstances.

How Do You Prove a Will Was Made Under Undue Influence?

In order to succeed in a claim of undue influence in making a will, the claimant has to prove the other party exerted a level of influence to the extent that it poisoned the testator’s mind.

How Do You Prove a Breach of Trust?

A breach of trust occurs where a trustee breaches the express provisions of the trust. In addition, it can occur if a trustee fails to act in accordance with the common law duties of a trustee. Some of the main principles include acting in the best interests of the beneficiaries and not breaching one’s fiduciary duties.

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