Contentious probate

When a person dies, their estate is administered and all of their assets are distributed to the beneficiaries in accordance with their Will. If the deceased did not leave a Will, the person is deemed to have died intestate and specific legislation is used to determine how the estate is divided. In most cases this process passes without incident.

However, there are occasions when a legal dispute may arise. When this happens, the process of administering the estate becomes known as “contentious probate”.

These types of disagreements can occur for a variety of reasons, including a belief that the Will is fraudulent or has been forged; a perceived lack of testamentary capacity or a suspicion that the deceased made the Will while under “undue influence”.

A party may also be able to bring a claim that the deceased failed to make reasonable financial provision for them in their Will

The increasing number of “second families” in the UK and the rising value of estates have contributed to the growing number of contentious probate cases seen over the last few years.

At OGR Stock Denton, we have a wealth of experience in this type of dispute, as well as the related areas of property litigation and trust law.

We take pride in clear and transparent advice, working to avoid court proceedings where possible.

Our experienced lawyers are able to advise on:

  • Who can contest a Will
  • Grounds for challenging a Will
  • Lack of testamentary capacity
  • Lack of valid execution
  • Lack of knowledge and approval
  • Lack of financial provision
  • Undue influence
  • Fraudulent and forged wills
  • Ratification and construction claims

Our team includes solicitors accredited by The Association of Contentious Trust & Probate SpecialistsThe Society of Trust & Estate Practitioners and The Property Litigation Association.

Where appropriate we will consider working on a no win no fee basis and can obtain after the event insurance to protect you against adverse costs.

For further advice on any aspect of contentious probate please contact us today.