Contentious Probate Service Contentious Probate Claims v Contesting a Will

Dealing with the loss of a loved one is a deeply emotional experience, and probate disputes can add complexity to an already challenging time. If you find yourself involved in inheritance disputes or facing a contentious probate claim, legal guidance is crucial. Heald Solicitors offer expert probate law services to help resolve estate administration issues and ensure fair resolution for all parties involved. This article explores how Heald Solicitors can assist with a contentious probate claim and clarifies how it differs from contesting a will.

Understanding Contentious Probate

Contentious probate refers to any dispute relating to the administration of a deceased person's estate. These can include a range of legal issues beyond merely contesting a will, such as disputes over the distribution of assets or the conduct of executors. Common probate disputes may involve:

• Disagreements over the validity of a will.
• Claims of undue influence or lack of capacity.
• Disputes involving the executor’s conduct.
• Inheritance Act claims under the Inheritance (Provision for Family and Dependants) Act 1975.
• Allegations of fraud or forgery.
• Executor mismanagement or delays in estate administration.
• Errors in the drafting or execution of a will.

Contentious probate disputes can be legally complex and emotionally charged, requiring expert legal intervention to protect the rights of beneficiaries and ensure the deceased’s wishes are respected.

How Heald Solicitors Can Help

Heald Solicitors have a wealth of experience in handling contentious probate cases. Their skilled team of probate lawyers provides strategic advice, negotiation, and litigation services to help clients achieve a fair resolution. Here’s how Heald Solicitors can assist you with probate litigation or other inheritance disputes:

Assessing the Validity of the Will

If you suspect a will is invalid, Heald Solicitors can conduct a thorough investigation to determine whether there are grounds for contesting a will. They will examine:

• The mental capacity of the testator at the time of making the will
• Evidence of undue influence by third parties
• Whether the will was properly executed in accordance with legal requirements
• Allegations of fraud or forgery

If a will is found to be invalid, Heald Solicitors can advise on how the estate should be distributed under the rules of intestacy or based on any previous valid will.

Representing Executors and Beneficiaries

Whether you're an executor facing executor disputes or a beneficiary involved in an inheritance dispute, Heald Solicitors can provide expert legal representation. Their team ensures that all parties involved in probate disputes receive fair treatment and that the estate is administered in accordance with the law.

Handling Executor Disputes

Executors play a crucial role in managing the estate, but executor disputes often arise due to allegations of mismanagement, delays, or dishonesty. If you find yourself in such a situation, Heald Solicitors can help mediate the dispute or, if necessary, initiate litigation to remove or replace the executor.

Inheritance Act Claims

Under the Inheritance (Provision for Family and Dependants) Act 1975, certain individuals can claim reasonable financial provision from an estate if they believe they have not been adequately provided for. Heald Solicitors can guide you through the eligibility requirements and represent you in making or defending such claims, whether you're a spouse, child, or cohabiting partner.

Resolving Disputes Through Mediation and Litigation

Not all probate disputes need to be resolved in court. Heald Solicitors are experts in alternative dispute resolution (ADR), offering mediation services to help reach an amicable settlement. However, if litigation becomes necessary, their skilled probate lawyers provide robust representation in court to protect your interests.

Preventing Future Disputes

Heald Solicitors also provide proactive estate planning advice to help prevent future inheritance disputes and contentious probate claims. Clear, legally sound wills and proper guidance for executors can minimize the likelihood of conflicts and ensure smooth estate administration.

How Contentious Probate Differs from Contesting a Will

Although the terms contentious probate and contesting a will are often used interchangeably, they refer to different legal processes.

Contesting a Will

Contesting a will involves challenging its validity. Common grounds for contesting a will include:

• Lack of testamentary capacity:
  Arguing that the deceased did not have the mental ability to understand their actions when making the will.
• Undue influence:
  Claiming that the testator was coerced into making the will.
• Improper execution:
  Asserting that the will was not signed and witnessed correctly according to the law.
• Fraud or forgery:
  Alleging that the will was fraudulently created or altered.

If a will is successfully contested and declared invalid, a previous valid will or the rules of intestacy will determine how the estate is distributed.

Contentious Probate

Contentious probate, on the other hand, involves a broader range of disputes. It includes contesting a will, but also covers issues such as:

• Disputes over estate administration
• Executor mismanagement
• Inheritance Act claims for reasonable financial provision
• Disputes over asset distribution or the administration of trusts

Choosing the Right Legal Approach

Understanding whether your situation involves contesting a will or a wider contentious probate issue is essential for determining the most appropriate legal strategy. Heald Solicitors can assess your case and provide expert advice on the best course of action for your probate dispute.

Why Use Heald Solicitors?

Contentious probate claims can be legally complex and emotionally draining. Whether you’re a beneficiary seeking your rightful inheritance, an executor facing a challenge, or a claimant seeking financial provision, Heald Solicitors can provide the expertise and support you need. Their team of specialist probate lawyers works diligently to resolve inheritance disputes efficiently through negotiation, mediation, or litigation when necessary.

By understanding the nuances of contentious probate and how it differs from contesting a will, you can make informed decisions about how to proceed with your claim. If you need legal assistance with a contentious probate matter, Heald Solicitors are well-equipped to guide you through the process and help you achieve a fair resolution.

Call Heald Solicitors’ team of expert probate lawyers on 01908 662277 for more advice on resolving your probate dispute or contentious probate claim.