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

Contentious probate describes 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 behavior 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.

The most common claim made by family members is 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 administrating 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.

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. 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.

Frequently Asked Questions

On what grounds can a probate be contested?

There are numerous grounds upon which probate can be claimed. One of the most obvious but simple 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 includes; that the testator lacked testamentary capacity, they lacked knowledge and approval, a failure to comply with the formalities when executing the will (such as the witnesses not both being present when the will was signed) and undue influence.

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

How do I make a claim under the Inheritance Act 1975?

A claim under the Inheritance (Provision for Family & Dependents) Act 1975 must be brought within 6 months of the grant of probate. The claim must set out the claimant’s connection to the deceased so that if fulfills the statutory criteria. It must also explain why the will fails to make reasonable financial provision and go on to explain what provision should be made.

What happens if someone doesn’t respond to a claim?

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.

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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I had the pleasure of working with David on some issues we had; from start to finish the experience was very good, and we got the outcome we needed as a company plus very good advice for the future. Overall a 5-star experience.

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During a very difficult period in our business, we had to seek the help of a professional Law firm. We selected BBS Law Ltd following initial calls with Andrew Haffner and the Litigation Team. The support and unbiased guidance given by Andrew and the team guided us through many nightmare events. The extensive knowledge and professional support given to the complexities of the problem were well understood by BBS Law Ltd.

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Litigation Partners

On what grounds can a probate be contested?

How do I make a claim under the Inheritance Act 1975?

What happens if someone doesn’t respond to a claim?

What is reasonable financial provision?

How do you prove a will was made under undue influence?

How do you prove a breach of trust?

For proactive, bespoke, commercial solutions, contact us to discuss your needs.

Request a call back

Effy

Baum Trading Limited

Hazel James, Managing Director at Brendon International Limited