Contentious probate is a dispute involving the administration of a deceased’s person’s estate. This can include claims under the Inheritance (Provision for Family and Dependants) Act 1975, disputes between beneficiaries of the estate or between the beneficiaries and the executors, claims to recover assets of the estate, claims on behalf of the estate, claims to indemnify the executors against a personal costs order and many others. It also covers disputes over the validity of a will, be it on the grounds of testamentary capacity, undue influence, lack of knowledge and approval or other technical arguments concerning wills.
It is always unfortunate when probate becomes contentious and our lawyers recognise that this is a difficult time for those involved. Our Dispute Resolution team have expertise in a wide range of contentious probate cases, and aim to resolve disputes quickly and cost effectively. Toby Walker, Partner and Head of Dispute Resolution, is a member of ACTAPS – The Association of Contentious Trust and Probate Specialists. Toby has developed a specialism in the area of constructive trusts and estoppel cases.
Contentious probate claims can often have short limitation dates (i.e. you only have a short time to notify the court of your claim) and therefore if you think you may have an issue relating to an estate, it is important that you seek expert advice as soon as possible.