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Will disputes & contentious probate solicitors London

Stephensons Solicitors LLP is proud to offer top-tier legal services for contentious probate matters in London. Our skilled solicitors have extensive experience in handling disputes arising from Wills, estates, and trusts, ensuring that our clients receive the best possible representation.

Our experienced solicitors are adept at handling Will disputes and contesting a Will, providing comprehensive support to beneficiaries, executors, and other parties involved. We strive to address your concerns about the validity of a Will or the management of an estate, seeking to resolve conflicts efficiently and out of court whenever appropriate, to minimise stress and cost.

 

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What is contentious probate?

Contentious probate refers to legal disputes concerning the validity of a Will or the administration of an estate. This includes challenges to the Will’s validity, conflicts amongst beneficiaries, or issues related to the management of the estate by executors or administrators.

Why work with Stephensons in London?

  • Expertise: our London team specialises in contentious probate, providing you with knowledgeable and experienced solicitors who understand the intricacies of probate law
  • Client-centred approach: we focus on understanding your unique situation and offer personalised legal strategies to meet your specific needs
  • Proven success: we have a strong history of resolving contentious probate disputes favourably for our clients, helping them achieve peace of mind

Our contentious probate services in London

Our London solicitors can assist with a variety of contentious probate issues, including:

  • Will contests: challenging or defending the validity of a Will based on factors such as undue influence, fraud, or lack of testamentary capacity
  • Inheritance Act claims: representing clients who wish to make a claim under the Inheritance (Provision for Family and Dependants) Act 1975
  • Executor and trustee disputes: resolving conflicts between executors, trustees, and beneficiaries to ensure the proper administration of the estate
  • Estate administration disputes: addressing issues related to the distribution of assets and the duties of estate administrators

Contesting a Will in London

When contesting a Will in London, our specialist solicitors at Stephensons provide the expertise needed to navigate this complex process. Disputes may arise from issues such as undue influence, lacking knowledge and understanding, lack of testamentary capacity, fraud, or invalid execution. Our team conducts thorough investigations to build a strong case on your behalf.

We prioritise resolving disputes out of court through mediation and negotiations to save you time and costs. If court intervention is unavoidable, our experienced litigators will vigorously defend your rights. We work with beneficiaries, executors, and other parties to ensure that every aspect of your case is meticulously handled.

Get in touch with our London office

If you are dealing with a contentious probate issue in London, contact Stephensons Solicitors LLP today. Our experienced team is ready to provide you with the expert legal support you need. Call us on 0161 696 6178 to discuss your case with one of our specialist solicitors or complete our online enquiry form and we will contact you directly.

  • Challenging A Will & Inheritance Act Claims

    Contentious probate solicitor Jordan Davies provides guidance on inheritance disputes, outlining the grounds on which the validity of a Will can be challenged. Jordan also provides guidance on the categories of people who can bring a claim under the Inheritance Act 1975 due to being left without reasonable financial provision.

    Jordan also explains the importance of instructing a specialist solicitor when making a claim of this nature and why Stephensons are well placed to assist you.

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Contentious probate FAQs

How to dispute a Will?

To dispute a Will, you must have a valid ground to pursue, with evidence in support. Common grounds include lack of testamentary capacity, undue influence, fraud, or improper execution. Legal advice is essential to navigate the complexities involved. If it is found that there are good prospects of success, then the claim will be pursued formally through the court system. If we do not believe prospects of success are strong enough, we will advise against pursuing the claim any further to ensure no costs are wasted for clients.

How can I protect myself from a Will dispute?

To protect yourself from a Will dispute, ensure your Will is clearly drafted and  duly executed. Ensure it is kept up to date to reflect your current wishes and circumstances. Consider drafting a letter of wishes, explaining your reasoning behind the terms of the Will.

On what grounds can you contest a Will?

You can contest a Will on grounds such as lack of testamentary capacity, lack of due knowledge and understanding, undue influence, fraud, or improper execution. Additionally, if the Will does not provide reasonable financial provision for dependants, a claim can be made under the Inheritance (Provision for Family and Dependants) Act 1975.

Who pays for contentious probate?

Typically, contentious probate claims are privately funded in the first instance. If a claim is successful, the losing party will often bare both parties costs, though costs are always a point of negotiation when settling a claim.

If you are an executor, defending or dealing with a claim on behalf of the estate, costs may well be recoverable from the estate.

When can you contest a Will?

You can contest a Will after the testator’s death. Immediate action is recommended to ensure you meet the deadlines and have ample time to gather evidence and prepare your case effectively.

Who can dispute a Will?

For a person to challenge the validity of a Will, they must have the requisite locus standi to do so i.e. the necessary legal standing. A person will have legal standing to do so provided that they stand to benefit from the invalidation of the current Will.

An executor may also seek to have the Will formally deemed invalid if there are execution issues present.

How much does it cost to contest a Will?

The cost of contesting a Will can vary widely, depending on the complexity of the case and legal fees. Costs can range from a few thousand to tens of thousands of pounds.

Discover our specialised contentious probate solicitor offerings, designed to cater to your specific needs across various locations. Browse through the links below to see how we provide tailored legal solutions in each area:

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When someone dies, what happens to their debts?

Some people believe that a debt dies with the person however this is incorrect. Once a person dies, any debts owed by that person, or owed to that person, remain and are now payable to/by their estate. For example, a common and simple example is when a...

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How long do you have to challenge the validity of a Will?

There is no formal time limit within which a person may bring a claim to challenge the validity of a Will. Whilst there is technically no limitation on bringing such a claim, there are a number of reasons why it would be preferable to pursue the claim...

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Staff reorder - wills inheritance

  • Jordan Davies
  • Louise Hebborn