Contentious probate

The death in the family, or of a friend or loved one, is an emotional and stressful time, particularly if there are questions within the family regarding the details of a will that has been left.

If you feel like a will has not been created properly, or feel that somebody has been left out of the will unfairly, we can ascertain whether or not you have a case, and take on that case for you.

What is contentious probate?

Contentious probate is a dispute regarding how a deceased person’s estate is being administered, and normally concerns how a will is interpreted, the value of assets, or if someone has been left out of the will which would be abnormal to their situation.

Contentious probate is any dispute relating to the administration of a deceased person’s estate, whether it involves contesting a will, disputing the will’s executor, disputes between beneficiaries, and claims either against the estate or pursued by it.

We aim to resolve contentious probate disputes quickly and cost-effectively and have significant experience in dealing with all manner of contentious probate issues.

Contesting a will

If you were likely to benefit from a will, either from an earlier will or from intestacy (where no will would be been made), then you are able to contest a will. If property was promised or gifted to you but is then given away in a will, you might also be able to dispute this.

This is also the case if an error by the professional in writing the will has prevented you from benefitting from the will as you were supposed to.

There are a number of reasons why people look to contest a will, such as:

  • the will holder was unable to understand what impact the will would have to their estate;
  • the will was not executed properly;
  • they did not have knowledge of their will;
  • they were unduly influenced by others;
  • the will was fraudulent or forged; or
  • a clerical error occurred or the will has not made clear the actual intentions of the will holder.

Our probate litigation solicitors have experience and expertise in handling will disputes and contested wills, guiding you through the process of ascertaining if you have a case, building that case, and then representing you through mediation or the courts to achieve your goals.

Disputing the will executor

Disputes can occur with executors often, particularly with issues such as suitability, fees charged by some executors, as well as their valuations of assets.

The probate litigation team at DBS has experience in identifying grounds for concern in this area, as well as bringing, and defending, applications to court to pass over, substitute, or remove an executor. We can also make citations to accept or refuse probate, and make subpoenas to produce testamentary documents.

Disputes between beneficiaries

The death of a loved one is an emotional and stressful time for any family, and as such it is not uncommon for arguments to take place between family and friends during the probate process. This is particularly the case if there is an argument surround the values of assets and shares of estate amongst beneficiaries.

Our team of probate litigation solicitors can help you bring and defend contentious probate claims by or against beneficiaries, as well as help you determine the value of assets detailed in the will. It is our aim to do so in a courteous and sensitive manner, whilst being cost and time-effective.

Claims by or against the estate

Executors act solely on behalf of the deceased person and their estate. Therefore, they may have to deal with claims made against the estate, or make a claim of their own if they find it to be in the best interests of the estate and their beneficiaries to do so.

Our probate litigation solicitors are highly experienced in dealing with these types of claims and aim to resolve such disputes with a sense of speed and with an eye on being cost efficient. We can assist in bringing claims on behalf of, or against an estate, as well as defending such claims.

Contact DBS today

To find out if you have a case and what your next steps are, speak to our probate litigation team by calling 0800 157 7055 or filling out our online form.

Make a contentious probate enquiry today