Losing someone important to you is never easy. But emotions can run even higher if you believe that the distribution of their estate is not being handled correctly.
Whether you suspect the details of the will don’t reflect your loved one’s final wishes, the person responsible for the estate is not fulfilling their duties, or you feel you have not been fairly provided for, we give you the guidance and reassurance to stand up for what’s right.
At Giles Wilson, our specialist solicitors are here to offer clear advice and ensure the execution of their will aligns with their best interests.
Our skilled team can help guide your claim toward a resolution that better represents you and your loved one's wishes.
Contentious probate relates to any dispute that arises as a result of how a person’s estate is administered when they pass away.
This might involve contesting a will, but in cases where an individual dies intestate (that is, without a will), a contentious probate challenge can still be lodged.
The executor or the administrator is a person who is responsible for distributing the deceased’s estate in accordance with the terms of the will or the rules of intestacy. They are also the people who apply for probate when this is required.
There can be up to four executors, and when drafting a will, it is possible to outline if only one has to carry out the appointed duties, or if multiple executors have to work together. When someone passes away intestate, an administrator is instead appointed to perform this role and administer the estate.
The executor or administrator is often a family member or close friend, but solicitors are also often instructed due to the complex nature of these cases. This responsibility of this role starts on the deceased’s date of death and the executor or administrator has personal liability for ensuring that the estate is administered correctly, to include paying the appropriate level of tax.
In short, there are two fundamental reasons you might lodge a contentious probate claim.
You either believe the deceased’s Will is invalid or is not being adhered to; or you believe ‘reasonable financial provision’ has not been made for you in accordance with The Inheritance (Provision for Family & Dependants) Act 1975.
There are several reasons why a will may be deemed invalid when making a contentious probate claim:
We discuss these in greater detail on our contesting a will page.
Any of these reasons can be put forward as a means to contest the probate of an estate. If you wish to take this action, it is a good idea to speak to a specialist contentious probate solicitor to determine if your claim has a chance of success.
Furthermore, many contentious probate disputes are brought when the executor or administrator does not follow the terms of the will (or rules of intestacy), or does not act in accordance with their financial or other duties (which go with the role).
In these situations, you may be entitled to make a claim against the executor or administrator personally, or it may be possible to apply to Court to have them removed from their role (section 50 of the Administration of Justice Act 1985). There are strict deadlines in making any Court application, so ensure that you take legal advice from a specialist contentious probate solicitor as soon as you realise there is an issue.
The Inheritance (Provision for Family & Dependants) Act 1975 outlines the rules regarding who can contest the terms of a loved one’s will (or rules of intestacy if there is no will) if they feel they have not been fairly provided for financially.
The only people who may launch a contentious probate claim via this act are:
In order to determine if reasonable financial provision has been made, the Court will take into account many factors including:
It is important to note that if you wish to make a claim under the Inheritance (Provision for Family & Dependants) Act, you have a six month deadline to do this from the Grant of Probate (save where there are exceptional circumstances).
We therefore recommend you speak to a contentious probate solicitor as soon as possible if you have concerns. This will help to establish whether you have a claim and a challenge can be lodged before the deadline passes.
A diverse array of circumstances may prompt your consideration of contentious probate proceedings. These encompass, but are not limited to, the following scenarios:
This is simply a snapshot of the situations where a contentious probate claim may be made, but the scenarios are varied. You should always reach out to a specialist solicitor if you believe you have a legitimate claim.
Yes, it is possible for you to overturn it after the Grant of Probate has been approved.
However, it is highly recommended that you speak to a contentious probate solicitor as soon as possible in making this claim. The longer you wait, the less easy it is to prove lack of validity or fraud, and the more difficult it is to recover the assets to which you’re entitled.
Our solicitors at Giles Wilson go through a clear, considered process in handling any contentious probate claim to help ensure you receive the outcome you’re due.
The law and intricacies behind probate make the support of an experienced specialist in this area crucial, so you can navigate all steps with real assurance.
There is no easy answer to this question, as the length of contentious probate proceedings depend on numerous factors, including the complexity and size of the deceased’s estate, the number of parties involved and whether the case extends to court.
Simple estates can see cases resolved in under three months, while more complex claims can extend to between six months and a year, if not longer. Your solicitors will advise as to how long they believe it will take to reach a resolution to ensure you’re informed at every stage.
The cost of contentious probate claims are difficult to estimate accurately, as a number of factors are relevant to include:
In many contentious probate claims, the Court can issue an order that the costs are to be paid out of the estate. Alternatively, the opposing party may bear the costs if it is determined that they had mishandled administering the estate or if they did not conduct themselves properly in the litigation.
However, if the Court concludes that the contentious probate claim was not justified, it can order that the costs of litigation are met by the individuals who lodged them. That’s why it’s vital to speak to an experienced solicitor at an early stage who will give you an honest, fair assessment of your claim’s chances.
The Association of Contentious Trust and Probate Specialists (ACTAPS) was established in September 1997 as a professional forum for solicitors specialising in contentious probate and trust work.
Our Partner and Head of the Contentious Private Client Department, Philip Giles, has been a member of this association for many years, signalling him as a specialist in this complex area of law.
If you’d like to learn more about the process behind contentious probate claims, please read the ACTAPS guidelines. Or speak to our contentious probate solicitors who can help you understand each stage step by step.
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The Giles Wilson Moot As a leading local law firm, we seek to encourage and nurture legal potential in the region from a young age. Therefore, we are delighted to announce that Giles Wilson will be holding a Mooting competition this year. What is the Giles Wilson Moot? The Giles Wilson Moot is a competition structured as a series of mock legal hearings, leading to a grand final. Students are invited to act as legal counsel, preparing and delivering compelling arguments based on various legal scenarios to a panel of esteemed solicitors, barristers and judges. Additionally, each team of students must respond to a series of questions posed to them by the panel and be prepared to think on their feet. A unique opportunity for an insight into legal practice Recognised by the Law Society, our Moot offers a rare opportunity for local students to experience the law in practice; something that is not commonly found outside of university level study. We are very proud of the fact that is it the only competition of its kind in the Southeast. We believe that our Moot enables the participants to develop key skills that will set them in good stead for any future career, such as; confidence in public speaking, critical thinking and analytical ability. The winners will receive prizes, including the prestigious Giles Wilson Moot cup, work experience with Giles Wilson and barristers’ chambers. Getting involved We have contacted schools within a 5-mile radius of our head office in Leigh-on-Sea to be involved. The schools that participate will have the opportunity to attend ‘Moot evenings’ whereby students will receive further information on the competition, be able to ask questions and network with legal professionals within Giles Wilson. The Moot competition itself will start with the quarterfinals, taking place in October 2024, with semi-finals planned for November, and the final in December. The Moot competition is part of our calendar of events for 2024 and will be in support of our 2024 chosen charities. Therefore, anyone is welcome to come along to watch the Moot rounds and support the students and charities if they wish to. If you require any further information, please send an email to: [email protected], with the subject “Giles Wilson Moot 2024”.
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