After death, issues may arise when disappointed beneficiaries or relatives suspect foul play or when those tasked with dealing with the deceased’s affairs do not properly perform their duties bringing disruption to families. Such claims are usually known as ‘contested probate claims’ or ‘contentious probate claims.’ Contested probate can arise in estates where there is or isn’t a will.
During a time when you may be grieving and feeling anxious, it’s crucial that your lawyer provides support at every step in the claim process and is available to answer any questions you may have.
Wills can be challenged in court and they can be declared invalid for various reasons. Whilst you may wish to exclude some beneficiaries, such as a spouse or children, and leave everything to a cause close to your heart, family members and dependents may have the legal right to contest your last wishes. In addition to challenging the validity of a will, your spouse, partner, children and dependents can also make a claim under the Inheritance Claims (1975) Act.
There are also many other different types of claims, which might arise from a trust or an estate including challenges by or against executors or trustees and estoppel, Court of Protection issues and professional negligence matters.
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How we can help
We understand that contested probate litigation can be time consuming and unpleasant, not only for prospective beneficiaries but also for personal representatives and professional advisers.
Our highly experienced and empathetic contentious probate solicitors offer valuable support to clients and provide high quality advice from the outset on all probate disputes including those involving allegations of forgery or fraud, undue influence, lack of capacity or concerns about whether documents have been properly executed.
Please email enquiries@bpcollins.co.uk or contact 01753 889995 for further advice and information.
International disputes
We have extensive experience working with legal professionals across various international jurisdictions on contentious wills, trust and probate matters. Our team is highly equipped to offer guidance on legal matters in England and provide insights on conflict of laws with our strong network of lawyers from other countries to call on if necessary.
Professional services
We can advise you on claims against professionals, such as solicitors, will writers and accountants, where documents have been incorrectly prepared, incorrect legal or tax advice has been given, or negligent administration of trusts or estates has occurred.
Court of Protection and mental capacity
If your loved one or someone connected to you loses their mental capacity to make decisions about their health, wellbeing or finances, you’ll want to protect their best interests. We offer comprehensive advice on all aspects of Court of Protection matters, including challenging the actions of an attorney or deputy, seeking court approval for decisions made by an attorney or deputy, applying for the appointment or removal of a deputy, making applications for statutory wills, make an emergency Court of Protection application or act as a deputy.
What makes us different?
Our team is committed to resolving disputes efficiently and cost effectively, whilst achieving the best possible outcome for our clients.
Partners, Matthew Brandis and Craig Williams’ are mediation advocates and accredited mediators of the Centre for Effective Dispute Resolution (CEDR), as well as being members of the Association of Contentious Trust and Probate Specialists (ACTAPS).
Our contentious probate team continues to excel in independent legal directories, The Legal 500 and in the Chambers High Net Worth Guide for private wealth disputes. The firm has been listed in The Times Best Law Firms from 2022 to 2024.
We have successfully achieved settlement on a variety of court actions including substantial High Court litigation regarding the validity of wills, claims under the Inheritance Act and applications to remove personal representatives from their roles as executors and administrators.
We also work with clients with assets within the UK and internationally and have a strong network of specialised lawyers from other jurisdictions when required.
We also frequently collaborate with our private client and family colleagues to resolve matters effectively.
Get in touchÂ
Our contested probate solicitors in Gerrards Cross, Thame, London and Ickenham are well placed to advise clients on all aspects of contentious probate or contentious trusts claims.
For further information or advice on private wealth disputes please call 01753 889995 or email enquiries@bpcollins.co.uk.
