Contentious Probate Solicitors

Advice for Contentious / Disputed Probate for Executors, Administrators and Beneficiaries

If you feel the distribution of the property and assets is not being handled correctly or there are Will and inheritance disputes, you should seek advice from contentious probate solicitors or practitioners who’ll be able to help you through the process. If you need advice a good place to start is a find a contentious probate advisor.

What Is Contentious Probate?

Contentious probate refers to any dispute relating to how an individual’s estate is administered after they die.

Types of contentious probate claims

The most common types of contentious probate claims include:

• • Claims under The Inheritance (Provision for Family and Dependants) Act 1975

• • Executors failing to carry out their duties
    Executors fraudulently carrying out their duties

• • Disputes between executors and/or executors and beneficiaries

• • Defending a contested Will

• • Contesting a Will

• • Suspicion of fraud or duress during the will making process

• • Trust disputes

• • Professional negligence claims

• • Creditor claims

What Role Do Contentious Probate Solicitors and Practitioners Play?

Contentious probate solicitors and practitioners specialise in resolving Will disputes and inheritance disagreements and help clients to contest Wills or defend claims made against the estate.

They assist families and individuals to find the right solution for their Will, inheritance, trust or beneficiary rights dispute. Contentious probate solicitors and practitioners use their knowledge of estate litigation and probate law to resolve any issues as quickly and effectively as possible.

As a guide, contentious probate solicitors help by:

• • Representing clients in contested probate cases – working hard to investigate and establish the facts to provide the necessary supporting evidence.

• • Understanding the regulations and laws – probate law is complex, and it is only by using the best contentious probate solicitors or practitioners that individuals are able to fully understand their beneficiary rights and challenge the estate administration process.

• • Negotiating settlements – mediation is the most effective and cost-efficient way to resolve contentious probate issues.

The Challenges Of Contentious Probate

Handling the estate of a deceased loved one is a difficult time as estate administration is challenging, especially if there are Will and inheritance disputes involved.

Contentious probate is challenging for many reasons, including:

• • The complexity of the process – the ways to challenge a Will are limited and you ideally want to avoid going to court to keep the costs to a minimum, which is why contentious probate solicitors or practitioners are needed to navigate the process successfully.

• • The number of parties involved – often contested probate includes families and friends, which makes the process difficult and stressful at an already emotional time.

• • High cost of litigation – using the services of a contentious probate solicitor is not cheap, although the amount you’ll pay will vary depending on the complexity of your claim, how long it takes to resolve your case, and if you have to go to court.

• • Availability of funds – making a contentious probate claim can be very costly and clients don’t always have the available funds to cover legal fees. Funding options include litigation loans which are offered by specialist companies to both claimants and defendants, and litigation insurance which can be put in place after a dispute arises to protect the client from having to pay their opponent’s costs and their own expenses if they lose the case.

Choosing A Reputable Solicitor or Practitioner

To guide and support you through the contentious probate process, you want the best contentious probate solicitors or practitioners on your side and working hard to ensure a successful outcome for your case.

Research & ask questions

Research online for contentious probate solicitors and check reviews and recommendations. Don’t be afraid to ask them questions regarding costs and their approach to resolving disputes. Contentious probate solicitors and practitioners can be expensive, you have the right to know they are the right fit for you.

Choose a contentious probate solicitor or practitioner with the relevant qualifications and experience of handling a range of Will and inheritance disputes. Ask them to demonstrate success in previous contentious probate disputes that are similar to your circumstances.

Contentious Probate Costs & Payment Options

The amount you pay to resolve the estate administration dispute depends on the complexity of the issue and whether your case needs to go to court to be resolved. Ideally, your case will be settled through mediation to reach an agreement both parties are happy with, including who is responsible for paying the legal costs.

Many contentious probate solicitors and practitioners will offer a free no-obligation consultation to discuss your situation and establish if you have grounds for making a claim. You will then be advised on the best way to proceed, should you wish to go ahead with making the claim. You can find an advisor that offers a free consultaion via The Probate Network: Find a Contentious Probate Advisor.

Funding Probate Litigation

Contentious probate claims are costly, especially if the case ends up in court – so you need to know how you’ll pay for the legal fees before beginning the claims process. If you can’t afford to pay out of your own funds there are different options available to you to fund your estate litigation case, and most people can find one that’s right for them.

Deferred payment

This is useful for individuals wanting to pay the legal fees once the claim is settled and happens when an agreement is struck between you and your chosen law firm. Normally, the fees are payable whether your claim is successful or not and the firm will require evidence that you have the funds available when needed.

No Win No Fee

Also called a conditional fee, a No Win No Fee arrangement means that if your lose your case you won’t pay your solicitors fees. However, if you lose you would still be obliged to cover all associated third-party costs however there are insurances available to cover these costs. Eligibility for No Win No Fee depends on the likely successful outcome of your claim which is assessed by the No Win No Fee probate solicitor.

Probate Loans

In some situations, you might be able to secure a litigation loan to cover the costs of making a contentious probate claim. Litigation lenders will base their decision to lend to you or not on various factors that include your solicitor’s views on the likely successful outcome of your claim, credit checks against you, and the size of the estate in question.

Take advice from a Contentious Probate Solicitor or Practitioner

Disputes arising to do with estate administration, beneficiary rights, probate law and trust litigation, are complex and stressful to resolve – which is why it’s vital to find the best contentious probate solicitors or practitioners to help you achieve an optimal outcome and in the most efficient and effective way too. A good place to start, is to request a free contentious probate consultation.