Contested Wills, Trusts & Estates

Contesting a Will, Trust, or Estate

Contesting a Will and other disputes after the death of a loved one can be painful and complex, often causing conflicts between those left behind. To help you through this difficult time, our contentious probate solicitors are on hand to advise and support you with sensitivity and understanding.

At Tinsdills Solicitors, we have experience in handling all types of legal disagreements. We will be by your side through every stage of a dispute, offering hands-on support to secure the right outcome the right way.

With strong negotiation skills, we place an emphasis on resolving disputes amicably wherever possible. Our focus is on getting the best settlement possible, not just the first offer put on the table. We always prioritise understanding the dispute in detail be it the contesting of a Will or some other dispute. We use this in tailoring our approach to reach a resolution. If court proceedings become necessary, we can provide representation and advice throughout that process.

Other disputes we have vast experience with include but are not limited to Inheritance Act Claims, Proprietary Estoppel Claims, Disputes Over Deathbed Gifts, and Contesting a Trust.

To reduce the potential of dealing with contested probate’s far-reaching consequences, it is essential to seek the expert legal advice of contentious probate solicitors when dealing with lifetime planning maters such as Wills and Trusts. In addition to dealing with matters related to contested Wills, Trusts and Probate, our team also deal with various other matters. These include:

To arrange an appointment with one of our contentious probate solicitors in Hanley, Leek, Newcastle-Under-Lyme, or Sandbach please call 01782 652300 or use the enquiry form on the right hand side of the page.

Our Contentious Probate Expertise

Will Disputes

A Will can potentially be disputed for various reasons.

Our team can advise and represent you in bringing or defending a claim related to a Will dispute. We can work to help you establish your position, what steps need to be taken and what the likely outcome of the dispute will be.

We can assist with matters including:

Contesting a Will due to lack of testamentary capacity
Contesting a Will due to lack of due execution
Contesting a Will due to lack of knowledge or approval
Contesting a Will due to undue influence or duress
Contesting a Will due to fraud or forgery
Will rectification and construction

Estate Administration Disputes

Administering an estate can be complicated and time-consuming. But, where an executor exhibits signs of failing to manage the process properly or is not acting in the best interests of the estate, action can be taken to find a suitable resolution.

We can represent clients taking action against an executor, as well as anyone who has been accused of failing in their role as an executor, resolving matters efficiently and effectively.

We can assist with matters including:

Challenging an executor or administrator of a Will
Removing an executor
Disputes between executors
Intestacy disputes (where there is no Will)

Disputes Over the Ownership of Property

After a loved one’s death, there may be others who may claim a share or interest in property belonging to the Deceased and who may not be beneficiaries either under the Deceased’s Will or their intestacy if they died without leaving a Will.

Deciding on how the ownership of a property should be dealt with following a loved one’s death can be particularly contentious. There are likely to be questions surrounding the legal technicalities of passing over the share of a property.

No matter what your circumstances might be, we can be by your side at every stage of proceedings. We can bring together all the necessary information to advise you on who the deceased’s share of the property should pass to, resolving any disputes that may arise in relation to this.

Financial Provision (Inheritance Act Claims)

Anyone who has not inherited anything following a loved one’s death, but falls within the category of relevant claimant, may be able to bring forward a claim under the Inheritance (Provision for Family and Dependants) Act 1975.

Our team can advise you on whether making a claim via this route would be possible in your situation and take you through the process that would need to be followed in order to achieve a positive outcome.

Meet Our Dedicated Wills, Trusts & Probate Team

Legal & Commercial Director

Paul Woolliscroft

Paul is a litigation Solicitor, Legal & Commercial Director and Head of the Litigation…

Senior Associate

Jason Washington

Jason is a Senior Associate and advises both businesses and individuals in resolving disputes….

Legal Executive (FCILEx)

Shannan Sutton

Shannan is a Chartered Legal Executive who specialises in civil matters for the department,…

Get In Touch With Our Contentious Probate Solicitors Today

Do you want to discuss a disputed Will or a Contentious Probate case? We have experience in these areas and more.

With a dedicated team on hand to take you through every step of the process, you can rest assured that we will provide you with the best chance of getting the outcome you deserve.

To arrange an appointment with one of our contentious probate solicitors in
Hanley,
Leek,
Newcastle-Under-Lyme, or Sandbach,
please call 01782 652300 or use the enquiry form on the right hand side of the page.

Contested Probate FAQs

What is Contentious Probate?

Contentious probate refers to any type of dispute that arises following someone’s death, in relation to the distribution of their estate. It could relate to issues such as a disagreement over the way the estate is being administered, a dispute over a Will or claims for financial provision.

How are Contentious Probate Matters Resolved?

In many instances, our contentious probate solicitors can work to negotiate an agreement without the need for court intervention. This approach is often preferrable as it can save time, money and prevent any additional conflict.

However, if it is not possible to reach an agreement, court proceedings may be necessary to find a positive resolution.

Are There Time Limits for Contesting a Will?

The time limits for contesting a Will are dependent upon the individual circumstances of the claim.

As a general guide if you submit a claim under the Inheritance Act, the time limit is 6 months from the date of probate being granted.

However, for a beneficiary making a claim against an estate, the time limit will be 12 years from the date of the death.

No time limit applies for contesting a Will on the ground of fraud. The court is able to overrule these limitations, but only in exceptional circumstances.

In any circumstance regarding a disputed Will, the sooner you act and seek legal advice generally the better.

How Do I Contest a Will?

A Will can be contested if you believe the Will to be invalid or made under circumstances that would deem it invalid.

We can provide advice in relation to the following grounds for challenging the validity of a Will:

Lack of testamentary capacity
Undue influence and coercion
Lack of knowledge and approval
Forgery and fraud

Non compliance with the requirements of the Wills Act 1837

Who Can Contest a Will?

The following people can contest a Will:

Family members
Persons who were financially dependent upon the deceased
A beneficiary of the Will
A creditor of the deceased

Persons who were promised something by the deceased

Our team can advise you on you on your personal situation and whether you would be entitled to contest a Will during an appointment.

What if No Will Was Made?

If the deceased did not make a Will, their estate will be distributed in accordance with the intestacy rules.

If you are a spouse, former spouse, child, child of the family or a dependent of the deceased and feel that reasonable financial provision is not made for you under these rules, you may have a claim for increased financial provision under the Inheritance (Provision for Family and Dependants) Act 1975.

We can provide you with advice, assessing the strength of a claim under the Inheritance Act 1975 and guiding you through this process.

Who Can Contest a Will?

The following people can contest a Will: