Contested Probate Solicitors
Contested Probate or a Will dispute occurs when a person wishes to dispute the validity of a Will after someone has died.
At Pittalis LLP we can advise clients on contested Probate and the issues that can and do arise from this complicated and emotional area of law.
A Will can be disputed for a number of reasons but typically this will be due to:
• Another valid Will is uncovered that supersedes the Will being relied on
• The deceased lacked mental capacity at the time of making the Will (also known as lack of testamentary capacity)
• A Will was updated or amended under duress or undue influence
• The Will was not properly executed (i.e. not signed and witnessed)
• The drafting of the conditions of the Will are ambiguous
• The Will did not make provision for a dependent
• Allegation that that the Will is false or fraudulent
How we help
If you believe one of the above applies to you or other family members and you wish to contest the Will, we will work with you to understand the reasons for the dispute and take the necessary action on your behalf. We will advise you on the merits of your case and the likelihood of your dispute succeeding.
If you believe you have cause to dispute a Will it is essential to instruct a solicitor as soon as possible; dealing with the dispute before the Grant of Probate has been issued is advisable.
If someone else is challenging a Will and you are an executor or beneficiary, we will work with you to understand the allegations being made and advise you on the appropriate action to take to handle the dispute.
This is a complex area of law and gaining expert advice is essential and the sooner you do this the better. We are acutely aware that a contested Probate matter will be a stressful and emotional time and we will work with you and other family members to handle the matter efficiently and sympathetically.
It is important to understand the costs involved in such a dispute and to keep a close eye on the costs being incurred as against the financial benefits.
We will inform you of the costs that will be incurred and when you will incur them, and we will provide you with a clear estimate so you understand and remain in control of legal costs.
We will try, where possible, to resolve the dispute through dispute resolution and without the need for litigation but where litigation is necessary, our team have the expertise to represent you.
Please find an example of our standard fees for Probate by clicking the below link.