Contentious probate occurs when there is a legal dispute or challenge during the probate process. This can either be by contesting the will, disagreements between beneficiaries or concerns regarding the conduct of an executor.
This can be time-consuming and costly and hiring a qualified solicitor to assist with claims and disputes is essential. In this guide we look at the common reasons for contentious probate, how it can be avoided and ways it can be resolved with a solicitor.
How Contentious Probate Solicitors Can Help
Hiring a probate solicitor is an essential part of the process and they can be highly beneficial if disputes and disagreements arise. They can help by:
Providing Legal Guidance
Solicitors will have an understanding of complex legal matters and be experienced in providing negotiation and mediation services to avoid court proceedings.
Resolving Disputes
Before any formal route is taken, such as caveats or court proceedings, a solicitor may be able to assist with resolving disputes. They will have the experience and knowledge required to help all parties come to a resolution. They can provide support to beneficiaries and executors and protect estates from unwarranted claims.
Submitting Caveats
If disputes cannot be resolved early on, further steps will need to be taken to reach an agreement. When a will is contested, a caveat will need to be entered with the probate registry.
A contentious probate solicitor can assist you with the application. This will delay probate and give you 6 months to investigate claims and try to resolve the issue. There is the option of extending this for a further 6 months if required.
In Scotland, caveats are valid for 12 months and can be renewed annually for as long as necessary.
Compare Expert Probate Solicitors
Take the stress out of probate
Support when you need it most
Considerations When Hiring a Contentious Probate Solicitor
When hiring a probate solicitor to assist with contentious probate, you should consider the following:
Experience and Accreditation
Legal expertise, accreditation and governing body memberships are ways to tell if a solicitor is qualified and reliable.
Look for membership or recognition from organisations such as The Legal Services Board (LSB), Association of Contentious Trusts and Probate Specialists (ACTAPS) or The Law Society when choosing a solicitor for your probate concerns.
Specialisation
When comparing probate solicitors, ensure that they have expertise in contentious probate. Specialising in will contests and disputes means they can take on your case.
Proven Track Record
Check online for reviews, success stories and client testimonials. These can be found on their website, Google and Trustpilot. Look out for reviews that mention support and clear communication. These are the professionals that will handle your case sensitively.
Questions to Ask a Probate Solicitor
Below we look at some essential questions you should ask when selecting a probate solicitor:
Do they specialise in legal disputes?
Are they experienced in this type of probate dispute or contest?
What is their success rate?
Are they a member of any governing bodies or organisations?
What does their fee include?
What are their qualifications?
How Much Does It Cost to Hire a Contentious Probate Solicitor?
The cost of a contentious probate solicitor can vary depending on the complexity of your case.
On average, when charging based on a percentage of the estate, a probate solicitor's fee is between 1% and 5% plus VAT. When dealing with contentious probate, the fee is likely to be on the higher end of the spectrum. Solicitors can also charge on an hourly or fixed-fee basis.
Common Reasons for Contentious Probate
Below we look at some of the most common reasons for contentious probate:
Challenges to the Wills Validity
Beneficiaries and family members can contest a will if they have reason to doubt its validity. This could be due to testamentary capacity, undue influence, ambiguity or legal errors:
Testamentary Capacity
Testamentary capacity is the legal term for a person’s mental capacity. When the deceased created the will or made any changes to their final wishes, they must have done so whilst of sound mind. If there are doubts about this, the will's validity could be challenged.
Undue Influence
The will and any changes (known as a codicil) must be done under the individual's free will. Undue influence occurs when someone coerces the testator (the person writing the will) to change their wishes. Accusations of coercion regarding a will are serious and should be backed up with evidence.
Ambiguity or Legal Errors
The will may also be contested if it is ambiguous or fails to meet the required formalities, for example, not signed and witnessed correctly.
Disagreements Among Beneficiaries
During the probate process, it is not uncommon for disputes to arise among beneficiaries. Some may feel they have been unfairly left out of owed inheritance. There could also be a dispute over the proposed sale of the deceased’s property.
Estate Mismanagement
If there is concern that the estate is being mismanaged, For example, if beneficiaries feel that the executor is not acting in their best interests. In this case, they can take steps to have the executor removed from their position.
Estate Valuation Disputes
Misvalued properties or assets can lead to disagreements. This is why arranging for a RICS-registered surveyor to conduct a valuation is vital. They can provide an accurate and unbiased market value, supplying a report which can be used during the probate process.
Challenges to the Content of the Will
This is common when individuals feel they are owed or entitled to something in the will. This could be due to unequal distributions or omitted individuals. In this case, an individual may be able to claim under the Inheritance Tax 1975.
Compare Expert Probate Solicitors
Take the stress out of probate
Support when you need it most
Frequently Asked Questions
Finding a Probate Solicitor
A probate solicitor can assist with disputes, providing practical advice and helping you meet legal requirements. A qualified and regulated solicitor will always act in your best interest, either avoiding contentious probate or helping you work through it.
One of the best ways of finding the right professional is by comparing local probate solicitors. Compare My Move can connect you with probate solicitors who can assist with issues and disputes during the process. Simply fill out our simple form to get connected with up to 6 solicitors who can guide you through the probate process.
Before joining our network, all partners must pass our verification process. For solicitors, this includes being regulated by one of the following:
Solicitors Regulation Authority (SRA)
Law Society of Scotland (LSS)
Law Society of Northern Ireland (LSNI)
Council for Licensed Conveyancers (CLC)
Institute of Chartered Accountants (ICAEW)
