Contesting Probate Effectively For Your Needs
The solicitors we work with here at The Inheritance Experts are specialists at contesting probate effectively and efficiently. Fill in the form to start contesting probate today!
HOW TO CONTEST PROBATE
Contact The Inheritance Experts if you are considering contesting probate or if you are the respondent in a probate dispute. We listen to your explanation of the event and then provide capable legal advice on whether you have ground to contest probate. If that is the case, we’ll be glad to show you the proper way to proceed with your claim.
Your expert solicitors may recommend entering a caveat on the estate courtesy of the Probate Registry.* This will prevent a grant of probate and minimises the risk that the estate’s executor can dispose of any related assets. A caveat lasts for six months, with the option to apply to extend it for an additional six months.
Under the Inheritance Act, you only have six months from the date they issue the Grant of Probate in which to contest a will. That means it is critical you seek quality legal advice as soon as possible, but especially before probate has been issued. Beneficiaries who are making a claim have twelve months, while there is no statutory time limit for probate disputes around fraud.
The surest way to protect your interests and those of your loved ones is to fill out the contact form for The Inheritance Experts today.
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Please note that we can only investigate matters in England and Wales
Contesting Probate Effectively
Disputing and contesting probate is never a simple matter. Particularly when it involves a disagreement between family members. Working with capable probate solicitors, you achieve the best possible outcome and minimise friction.
Additionally, you can better preserve delicate relationships at what is often an extremely stressful time. For these scenarios, contentious probate only makes matters worse.
The Inheritance Experts work with probate dispute solicitors. We have the experience you need, plus we act with tact and sensitivity. It’s our job to provide first-class legal advice. Because you need to be confident that you’re making the right decision for the right reasons.
The True Nature of Probate Disputes
A person may contest probate if they believe they received unfair treatment in a person’s will. They may also raise a dispute if they can show the testators fall short in the following areas.
- They were not of a sound mental capacity or did not understand what they were signing.
- The testator deals with coercion and undue influence into signing a will. Moreover, to prove this, the will doesn’t accurately represent their wishes.
- Also, the will wasn’t executed correctly or drawn up incorrectly.
- There may also arise a situation where they did not sign the true copy of the will.
- Along similar lines, they lose the original will and testament.
- There are also situations where the will is fraudulent.
Only someone who has an interest in the will is legally able to dispute probate.
Who’s capable of contesting probate?
In short, for contesting probate, you need to be a(n):
- Official beneficiary.
- Have a promise from the testator they will receive the property.
- Somebody or some debt collector that the testator still owes money to.
- They can also be someone financially depending on the testator but left out of the will.
Examples may include their unmarried partner or child.
One example of a successful probate dispute involved the children of a divorced couple. The father was contributing financially to their upbringing. However, upon death, parties realise his will made no financial provision for his children. This is as a result of the Provision for Family and Dependants Act 1975, which she pursues on advice from a solicitor.
Instead, the estate went to his new spouse in its entirety. The children’s mother, acting as their litigation friend, did raise a dispute of the probate. Eventually, the case did reach a settlement out of court, and significant rewards sit in trust for the children.