Contested Probate

Disputes which arise when someone sadly passes away can be emotionally challenging and difficult to deal with. Finding yourself involved in a dispute whilst you are grieving is likely to be distressing. Our empathetic team have considerable experience in dealing with these matters.

Contested probate is when disputes arise from the administration of a person’s estate. Disputes can occur concerning the validity of a Will, the administration or distribution of an estate. If you are not included in a Will, receive less than you believed you would or have concerns as to the validity of a Will, you may have grounds to challenge it. These disputes can also arise where there is no Will.

This is an area that is unfortunately on the rise with the increasing number of “DIY” Wills being made.

Some of the most common contested probate scenarios are:

When someone expected to inherit from an estate has been excluded or received less than they anticipated, including husband/wives, children and stepchildren
When a Will is invalid due to a technical reason, such as it has not been validly witnessed, the person making it had lost capacity or were coerced into making it
Where no Will exists and a dispute arises as to who should deal with the estate
Where an executor is acting improperly

Estate administration can be a complex area, and disputes can be costly as well as emotionally distressing. If you find yourself in such a situation, it is imperative to act swiftly and seek expert legal advice at an early stage as procedures must be followed and time limits apply. We can give you prompt assistance at a time when you need it the most.

Our highly experienced team are experts in all areas of contested probate. We can also liaise with our in-house Private Client team where necessary, saving you costs.

We can advise on interpretation of a Will, whether a Will is valid and challenging an executor.

We also specialise in Inheritance Act claims. The Inheritance (Provision for Family and Dependants) Act 1975 allows anyone who was a dependent, spouse or child (including adult children and stepchildren) of the deceased person to claim “reasonable financial provision” if the Will (or intestacy rules if there is no Will) fails to do so. It must be noted that you only have six months from the date of the Grant of Probate to bring such a claim.

We can advise you on your rights, where you stand, how best to proceed and the merits of a claim. We are equally comfortable bringing or defending such claims.

We can guide through the process at a time when you may be feeling overwhelmed. We frequently encourage mediation which is often successful in claims of this nature. Where court action is necessary, we will support and fight for you.

Our Dispute Resolution and Litigation team is headed up Samir Moftah, Solicitor and Director, who has considerable experience in resolving contested probate matters. He has acted for executors, personal representatives, administrators, beneficiaries and trustees.

We offer appointments via Zoom, Teams or WhatsApp for your convenience and in-person appointments can also be arranged.