Contact our offices
Make an enquiry
How can we help?
At Stephensons Solicitors LLP, we understand that dealing with a dispute following the death of a loved one can be highly stressful and emotionally draining. Our team of expert contentious probate solicitors in Manchester are here to provide you with the professional guidance and support you need during these challenging times.
Whether you're a beneficiary, family member, or executor, we provide expert advice and can represent you in both pursuing and defends claims including challenges to the validity of a Will, claims against the estate or estate administration issues. Our aim is to resolve these sensitive issues amicably and out of court whenever possible.
Contentious probate involves a wide range of legal disputes including challenging the validity of a Will, claim for financial provision from the estate and disputes relating to the administration of an estate. This can include challenges to the Will’s authenticity, the testators capacity, disagreements between beneficiaries, or conflicts about how an estate is being managed by executors or administrators.
We provide comprehensive legal services to address a range of contentious probate issues, including:
If you have concerns about the validity of a Will, our Will disputes solicitors in Manchester are equipped to assist you. Common grounds for contesting a Will include lack of testamentary capacity, lacking knowledge and understanding, undue influence, fraud, or improper execution. Our team will meticulously review the circumstances and provide tailored legal advice.
We strive to resolve disputes outside of court whenever possible, offering mediation and negotiation services to reach an amicable agreement. However, if litigation is necessary, we will robustly represent your interests in court. Whether you are a beneficiary, executor, or another interested party, we ensure your concerns are addressed comprehensively and professionally.
If you are facing a contentious probate issue in Manchester, don't hesitate to contact us. Our dedicated team is ready to assist you with expert legal advice and representation. Reach out to Stephensons Solicitors LLP in Manchester today and let us help you navigate your probate dispute with confidence. Call us on 0161 696 6178 or complete our online enquiry form and we will contact you directly.
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.
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.
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.
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.
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.
Limitation for challenging the validity of a Will is 12 years. However, it is of course beneficial to act sooner rather than later. As more time passes, the estate monies will have been distributed and possibly spent by existing beneficiaries, making recovery difficult
As for claims for reasonable financial provision from an estate, in the UK, you have six months from the date of the grant of probate to bring a claim under the Inheritance (Provision for Family and Dependants) Act 1975.
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.
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.
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.
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:
loading staff
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...
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...
Staff reorder - wills inheritance
