Welcome to our Probate and Contentious Probate law hub. We understand that dealing with probate matters can be complex and emotionally challenging. We are committed to guiding you through every step of the process.

Here, you'll find comprehensive information, insightful legal updates, and the latest news to help you navigate the intricacies of probate and contentious probate.

Whether you're managing a straightforward estate or facing a disputed Will, we are here to provide you with clarity, reduce stress, and ensure that you feel supported. Trust us to provide the clear, concise, and compassionate advice you need during these challenging times.

 

LATEST CONTENTIOUS PROBATE ARTICLES

 
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Making an inheritance act claim: the recent case of Kaur v Estate of Karnail Singh & Ors
Making an inheritance act claim: the recent case of Kaur v Estate of Karnail Singh & Ors

What rights do disinherited spouses or children have to claim against an estate? The most recent case law in Kaur v Estate of Karnail Singh and Ors provides a guide.

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The rules of intestacy: where there’s not a Will, there’s a way
The rules of intestacy: where there’s not a Will, there’s a way

What happens when a person dies without leaving a valid Will? Who gets the estate under the rules of intestacy?

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Proprietary Estoppel: when your word becomes your bond
Proprietary Estoppel: when your word becomes your bond

What is the doctrine of proprietary estoppel? How can it be used to enforce a promise made in relation to land or property?

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LATEST WILLS & PROBATE ARTICLES

 
Featured
What are mutual Wills and are they a good idea?
What are mutual Wills and are they a good idea?

Explore the concept of mutual Wills, their differences from mirror Wills, and the advantages and disadvantages of choosing them for estate planning.

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Mediation for resolving commercial business disputes
Mediation for resolving commercial business disputes

Although commercial business disputes are unwelcome, they are sometimes unavoidable. Resolving them by means of mediation has a lot of advantages.

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Charitable donations and Inheritance Tax: reducing liability through philanthropy
Charitable donations and Inheritance Tax: reducing liability through philanthropy

People who want to bestow benefits upon good causes can continue to do so even after they have died and, at the same time, reduce the tax liability on their estates. Charitable donations and inheritance tax, reducing your bill.

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FAQs

  • Probate is a legal process that occurs after someone dies. It involves proving in court that a deceased person's Will is valid, identifying and inventorying the deceased person's property, having the property appraised, paying off debts and taxes, and distributing the remaining property as the Will (or state law, if there's no will) directs. Probate is generally necessary when the deceased person owned assets in their name only.

  • The length of the probate process can vary significantly depending on the complexity of the estate, the efficiency of the executor, and whether there are any disputes. On average, in the UK, the probate process can take between 6 to 9 months to complete for straightforward estates. Complex estates, particularly those involving disputes (contentious probate), can take much longer, even years in some cases.

  • If a person dies without a valid Will, they are said to have died 'intestate'. In such cases, the distribution of their estate is governed by specific intestacy laws. In the UK, the rules of intestacy state that only married or civil partners and some close relatives can inherit under these rules. The amount they can inherit depends on the value of the estate and their relationship with the person who died.

  • Contentious probate refers to any dispute relating to the administration of a deceased person's estate. This can include disputes over the validity of a Will, the interpretation of its terms, or disagreements between beneficiaries or with executors. Common reasons for such disputes include suspicions of undue influence or fraud, allegations of mental incapacity at the time the deceased made the Will, or claims from dependents who were left out of the Will or who think they should have received more.Item description

  • Contesting a Will typically involves legal proceedings. To do so, you must have a valid reason (grounds) such as: the will was not properly executed; the deceased lacked mental capacity when they made the will; the deceased was unduly influenced or coerced into making the will; or the will is a forgery. A solicitor can provide advice tailored to your situation. It's important to act promptly if you wish to contest a Will, as there are time limits on making a claim. Challenges to probate proceedings can also be made if you believe the executor is not administering the estate correctly.