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Contentious Probate

Contentious probate is a specialist area of law. Whilst contentious probate can result in High Court litigation, there are specific rules that govern contentious probate before and after the issuing of proceedings. Accordingly, someone that finds themselves in need of a contentious probate solicitor should instruct a specialist and not just either a commercial litigator or a private client solicitor. Instructing a solicitor who is not a contentious probate specialist could be extremely detrimental to the progress of a claim.

Find out more by giving Hollam Solicitors a call.

What’s Involved?

Contentious Probate occurs when there are disputes arising out of someone’s estate after they have passed away.

No two scenarios are ever the same, and so it may be appropriate to consider contentious probate action in various different circumstances. Some common scenarios are set out below:

  • Someone has passed away leaving a Will that is suspicious due to its content, timing and/or choice of executor
  • Someone’s estate has been depleted before they passed away by someone other than the deceased, meaning the estate is less valuable than expected
  • You were expecting to inherit on the deceased’s death but have not been included as a beneficiary in their Will or only to a lesser extent than you anticipated
  • You were promised some inheritance but the deceased passed away leaving a testamentary document that does not benefit you
  • You were in receipt of financial support from the deceased before their death but do not benefit on their death
  • You are named as the executor of a Will, but there is a dispute with your co-executor or the beneficiaries
  • There is a dispute as to the occupation or sale of the deceased’s property
 

These are just a few common scenarios that contentious probate solicitors will deal with on a daily basis. They are though by no means a comprehensive and exhaustive list, as disputes relating to a deceased’s estate can take many forms.

Over 20 years legal experience.

Legal Advise Over Real Estate

Defence Claims

If someone finds themselves defending a claim against an estate, they should obtain specialist, independent legal advice as a matter of urgency and not try and deal with it themselves. It could be a false economy if they try and deal with it themselves. You may save costs initially but then may face a higher legal bill later on when the solicitor has to unpick the action taken and start again. Further, any action that they take without reference to a solicitor could be extremely damaging and could leave themselves open to criticism. For example, an executor who distributes an estate despite being on notice of a claim being advanced against it.

Contact Hollam Solicitors Today

If you wish to discuss a potential contentious probate and need advice as to which way to proceed, then please do contact us. We offer a no obligation initial chat to clarify the circumstances and assist you in moving forward and deciding next steps. 

01984 390037

Call us today to discuss your options

info@hollamsolicitors.co.uk

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