Contentious Probate

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Contentious probate is a dispute relating to the administration of a deceased person’s estate. It is also known as a “Will dispute” it can involve a dispute over the interpretation of a will, a dispute between executors or beneficiaries or a dispute over the value of estate assets.

Losing a loved one can be very difficult and having disagreements over how their assets will be split can make it even harder. If you believe your loved one’s estate is not being handled fairly or appropriately you can contact us to dispute the probate.

Our specialist solicitors are experts at resolving disputes, including:

Interpreting or clarify a will's meaning, where there is uncertainty, or it is not clear
Determine the value of the assets involved
Dealing with an executor who has mismanaged the estate. These are known as executor disputes and sometimes involve people seeking to remove individual executors
Trustees who have breached their trustee duties
Disputes between beneficiaries.

It is important to note that it is not possible to challenge the will simply because of perceived unfairness or because the terms of the will are not to a person’s liking.

In English law, the principle of testamentary freedom overrides. This means a person is free to leave their estate to whomever they wish, providing they have the required capacity to make that decision, it is recorded correctly in their will, and they are acting of their own free will and volition.

How to avoid a contentious probate situation

From experience, contentious probate matters arise because more and more individuals are opting for DIY wills where no professional legal advice has been sought in its making, this means the validity of the will is often challenged because it does not comply with formalities. In order to avoid making an invalid will you should consult a legal professional familiar with wills and probate, finance and tax matters

Our society is slowly abandoning the traditional family unit which the wills and probate laws are heavily based on. For example, divorce and remarriage with children from former relationships and people living together as cohabitees and not necessarily marrying means that family structures are more unconventional. If you are living in an unconventional family structure you should consider making a will that complies with the formalities. This is beneficial because you can individually name who gets what asset without relying on the default distribution rules under the Inheritance Act 1975, which might not be what’s best for your family.

Why Instruct OneLaw Chambers for your Wills, Trusts and Probate Case?

At OneLaw Chambers, our Wills, Trusts and Probate Solicitors and Barristers regularly assist with many contentious and non-contentious wills, trusts and probate cases. We have assisted and represented many clients from all over the world achieving successful outcomes for them.

Our expert Wills, Trusts and Probate team of Solicitors and Barristers is one of the strongest multi-disciplinary and diverse teams in the country, covering the breadth of wills, probate, tax and trust work. We have considerable experience with high value estates and international wealth and understand the unique challenges this can present.

Our Wills, Trusts and Probate Solicitors and Barristers can help you protect your assets against future life changes such as divorce, manage your wealth and succession planning across multiple countries, and make sure your estate is structured as tax-efficiently as possible

With our strong partnerships and affiliations with chartered tax advisors and financial planners, we have the capacity to deal with everything in-house and provide you with a complete solution.

We are committed to ensuring that our Wills, Trusts and Probate Solicitors and Barristers prepare every wills, trusts and probate case with utmost quality and skill so that successful outcome is achieved every time. Our Wills, Trusts and Probate Solicitors and Barristers operate in a friendly and cooperative manner to provide our clients with the best client care and service during the entire wills, trusts and probate case process.