Consumer Contentious Probate Solicitors

When a loved one passes away, you’re likely to be going through an extremely tough time. Unfortunately, your circumstances can become all the more stressful when there are challenges to the Will and/or probate.

Luckily, our contentious probate solicitors can help you solve these disputes as quickly as possible, dealing with all associated issues on your behalf and easing stress as much as we can.

At Glanvilles Damant, we have much experience in this area of the law and can assure you that our team will always approach matters with care.

We can support clients to raise or defend contested probate claims in a number of different scenarios, including, but not limited to:

• Contesting the validity of the deceased’s Will
• Disputes between beneficiaries of the estate
• Inheritance Act Claims
• Challenging a Will executor

Contact our contentious probate solicitors on the Isle of Wight

If you would like to discuss your legal needs today, please contact our specialist contentious probate solicitors on the Isle of Wight.

You can call us on 01983 527878 or email hello@gdlegalservices.co.uk, and we will respond as quickly as possible.

Why choose Glanvilles Damant as your contentious probate solicitors?

At Glanvilles Damant, we are a local firm with a strong connection to the local community. We are focused on providing bespoke service, always based on the finer details of your situation.

We believe that working with a solicitor should feel straightforward, not stressful and confusing. Our contested probate solicitors always strive to keep our processes as simple as possible, making certain that you have all the key information that you need.

We have extensive experience in a wide range of contested probate cases. If you have any questions, our team will be more than happy to answer them.

Contested probate legal service

Contesting the validity of a Will

There are several circumstances whereby it is possible to contest the validity of a Will. These include:

• Lack of Testamentary Capacity, meaning that the person who created the Will lacked mental capacity at the time when they drafted it
• Undue influence, meaning that the person who created the Will was coerced or manipulated into creating a Will that did not reflect their wishes

• Fraud, for instance, the Will includes fraudulent content
• Lack of execution, meaning that the required legal steps were not followed. For example, the Will was not witnessed

Where any of these issues are the case, it is likely that the estate will face some type of contested probate case. If you need to raise a claim or are otherwise facing a claim, our experts at Glanvilles Damant can support you.

For more information on contentious probate claims, please get in touch with our team.

Disputes between beneficiaries

At Glanvilles Damant, we have much experience working with clients to resolve disputes. There are several common causes of disputes between beneficiaries which include:

• Disputes regarding the interpretation of a Will
• Probate disputes, for instance, regarding the distribution of assets
• Disputes regarding the handling of the estate

No matter what your dispute is about, we can help you resolve it. We have a number of alternative dispute resolution methods, including mediation and negotiation.

If you are having any problems with contentious probate, including disputes between beneficiaries, we can answer any questions you may have.

Inheritance Act Claims

If your spouse, parent, or someone who you were financially dependent on passes away, and you are not included in the Will or are due to receive less than you expected, you will be able to raise an Inheritance Act Claim.

You will also be entitled to make this type of claim where a deceased family member’s estate has been divided according to the rules of intestacy, and consequently, you have not been adequately provided for.

If you believe you have grounds for an Inheritance Act Claim, please contact our expert solicitors at Glanvilles Damant.

If we are unable to resolve your probate dispute issue using alternative dispute resolution, then we can support you throughout the necessary probate litigation processes.

Challenging a Will executor

When a person passes away, it is the role of the Will’s executor to distribute the estate as per the instructions in the Will.

Unfortunately, the process will not always run smoothly, and in some circumstances, the family of the deceased may wish to challenge the actions of the Will’s executor, or seek to have them removed from their role altogether.

There may be many different reasons to challenge or seek to remove a Will executor, including:

• There is evidence of misconduct; for instance, the Will executor has stolen assets from the estate
• There is evidence of inadequacy; for instance, the executor has mishandled assets
• There is evidence that the executor does not have the physical or mental capacity required to complete their role

If you are facing this type of contentious probate claim, it is advisable that you consult a solicitor as soon as possible.

Frequently asked questions about contentious probate

What is contentious probate?

Contentious probate means a dispute related to an individual’s estate after they have passed away. Disputes may arise for various reasons, including:

• Disputes concerning the validity of the deceased’s Will
• Disputes concerning the distribution of the deceased’s estate
• Disputes concerning Inheritance Act Claims

Are there time limits for contentious probate claims?

Yes, there are time limits for contentious probate claims. The time limit depends on the type of claim, for example:

• Inheritance Act Claims must be made within six months of obtaining the Grant of Probate
• To raise a Rectification Claim, you have 6 months from the date of the Grant of Probate (meaning to claim that the deceased’s wishes were not properly carried out)
• When disputing the validity of a Will, there is no specific time limit

To learn more about the time limits on contentious probate claims, please get in touch with our expert solicitors today.

On what grounds can you challenge probate?

You can challenge a probate on various grounds, including:

• Lack of execution: meaning that the correct processes have not been followed. For instance, the Will has not been witnessed
• Lack of testamentary capacity: meaning that the person who made the Will did not have the mental capacity required to create a valid Will
• The person who created the Will was coerced or pressured into making changes to their Will
• Fraud has occurred. For example, a person’s Will was changed without their knowledge

How can I remove an executor?

If you would like to remove an executor, you could first attempt to ask them if they will step down from the role. Where this fails, you should seek legal support. Your solicitor will be able to help you resolve the situation and, if necessary, apply to the Court to have them removed.

Our expert solicitors at Glanvilles Damant can provide support with all of the above processes. Please contact us for more information.

How do I defend a Will against a challenge?

If you need to defend yourself against a Will challenge, for example, as a Will executor, it is advisable to seek legal support. Your solicitor can investigate the challenge, whether based on Will validity, an Inheritance Act Claim, or your own actions when administering the estate.

In many cases, it may be possible for the disputing parties to resolve matters out of Court through negotiation or mediation.

Contact our contentious probate solicitors on the Isle of Wight

If you would like to discuss your legal needs today, please contact our contentious probate solicitors on the Isle of Wight.

You can call us on 01983 527878 or email hello@gdlegalservices.co.uk, and we will respond as quickly as possible.