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Transparent pricing, from start to finishGet the support you need, when you need itTrusted lawyers, clear expectations
Amazing experience
After placing an enquiry, I received a call 20 minutes later, and then 2 hours later, I had a solicitor assigned to me. They were absolutely incredible right from the word go - amazing and very prompt with replies, answering all my questions and keeping the process moving. We finally completed today and I am so unbelievably happy. I wouldn’t hesitate to use Lawhive again in the future if needed.
Lily
First class service
I initially made an online enquiry about a tricky conveyancing matter and received an immediate call back. They understood straight away what was needed and gave me a quote that was very reasonable. It was such a pleasure to find someone who was cheerful, professional and completely reassuring as I’d been getting quite anxious about the sale of my house. The service Lawhive has provided is absolutely first class and I cannot recommend them enough.
Charles
Empathetic, professional and efficient
I am an executor, selling my mother's home. I found the assistance I received from Lawhive first rate - empathetic, professional and efficient.
Mark
Great service from Lawhive
We used Lawhive for our conveyancing needs and our solicitor was very helpful, patient and informative. She helped us with our needs with prompt responses and provided a very efficient service.
Kelvin
Great service when you need clarity and calm
Our solicitor was warm, friendly and provided crystal clear communication. A lot of conveyancers assume customers know everything about the process already, so it was really appreciated to hear each stage included in the price given.
Em
Quick and efficient
We used Lawhive for a transfer of property and conveyancing. Our solicitor was so helpful and thorough with the whole process. He responded quickly and efficiently to any questions or requests that we had and explained some of the more complicated issues regarding the process clearly.
Geri
Fantastic service and experience with Lawhive
I had the pleasure of working with Lawhive doing a transfer of equity on a property. Our solicitor’s service was amazing, she responded quickly to any questions or concerns and kept me updated throughout the process. I can strongly recommend her for any conveyancing work that you may need. Fantastic service all round.
Jane
Amazing experience
After placing an enquiry, I received a call 20 minutes later, and then 2 hours later, I had a solicitor assigned to me. They were absolutely incredible right from the word go - amazing and very prompt with replies, answering all my questions and keeping the process moving. We finally completed today and I am so unbelievably happy. I wouldn’t hesitate to use Lawhive again in the future if needed.
Lily
First class service
I initially made an online enquiry about a tricky conveyancing matter and received an immediate call back. They understood straight away what was needed and gave me a quote that was very reasonable. It was such a pleasure to find someone who was cheerful, professional and completely reassuring as I’d been getting quite anxious about the sale of my house. The service Lawhive has provided is absolutely first class and I cannot recommend them enough.
Charles
Empathetic, professional and efficient
I am an executor, selling my mother's home. I found the assistance I received from Lawhive first rate - empathetic, professional and efficient.
Mark
Great service from Lawhive
We used Lawhive for our conveyancing needs and our solicitor was very helpful, patient and informative. She helped us with our needs with prompt responses and provided a very efficient service.
Kelvin
Great service when you need clarity and calm
Our solicitor was warm, friendly and provided crystal clear communication. A lot of conveyancers assume customers know everything about the process already, so it was really appreciated to hear each stage included in the price given.
Em
Quick and efficient
We used Lawhive for a transfer of property and conveyancing. Our solicitor was so helpful and thorough with the whole process. He responded quickly and efficiently to any questions or requests that we had and explained some of the more complicated issues regarding the process clearly.
Geri
Fantastic service and experience with Lawhive
I had the pleasure of working with Lawhive doing a transfer of equity on a property. Our solicitor’s service was amazing, she responded quickly to any questions or concerns and kept me updated throughout the process. I can strongly recommend her for any conveyancing work that you may need. Fantastic service all round.
Jane
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01 overview
Dealing with someone's assets and estate after they pass away is a challenging but necessary task to honor their wishes. The last thing anyone wants is disputes or disagreements during this time. Unfortunately, this can happen and it is called contentious probate.
At Lawhive, our expert network of wills, trust and probate solicitors are here to help you resolve contentious probate matters and honour your loved one's wishes. Contact us today for a free case evaluation with our legal assessment specialists.
In this article, we'll discuss the key aspects of contentious probate and what steps you can take if you're caught in the middle of one.
We understand it's a tough situation, but at Lawhive, we're here to support you and provide all the information you need to ease the burden.
Contentious probate involves disagreements about handling a person's assets after their death. This includes will disputes, which happen when you contest the validity of someone's will. Such disputes often arise if you feel unfairly excluded from a will or that you haven't received your rightful share.
Claims also may include allegations of undue influence, lack of capacity to make a will, or fraud in creating or finalising the will.
On the flipside, non-contentious probate refers to a smooth legal process of settling a deceased person's estate without any disputes or challenges. When everyone involved agrees on the terms of the will or how assets should be distributed, it's considered non-contentious.
Some of the most common types of contentious probate issues are:
Contentious probate disputes can be emotional and involve valuable assets. It's wise to seek advice from a solicitor to have skilled professionals handle your case.
You might not always need a solicitor for contentious probate, but these cases can get legally complicated, and sometimes, court intervention is necessary for resolution.
If you're caught in such a dispute, it's wise to get some legal advice as soon as possible to understand the strength of your case and the legal options available to you.
At Lawhive, our network of probate solicitors are highly experienced in contentious probate and ready to discuss your case with you.
We offer a free case evaluation and no obligation quote so you can take the first step towards settling your contentious probate matter quickly and affordably.
Starting contentious probate proceedings involves several steps, and the process may differ depending on whether there is a will or not.
Before diving into contentious probate,get legal guidance. A solicitor experienced in probate disputes can review your situation, gauge your case's strength, and help start the process.
Next, gather all necessary documents, like getting a copy of the will, any changes, and any evidence supporting your claim or dispute.
Then, pinpoint the reasons you're contesting probate. This might involve challenging the will's validity, citing undue influence, lack of capacity, fraud, or other legal issues.
Before starting the official process, you can notify the executors or administrators by entering a "caveat" at the Probate Registry. This prevents the grant of probate until the notification is removed or a court order is obtained.
You can apply for a caveat online or by post. It costs £3.
You might want to consider mediation or alternative dispute resolution methods to settle the dispute amicably. Some disputes can be resolved without going to court, and mediation can be a cost-effective and quicker option.
If mediation doesn't work out, you might have to take the matter to court. This means getting all the right paperwork ready and submitting it to the court. For probate disputes, the main court is usually the High Court, specifically the Chancery Division.
Before going to court, one of the last things you'll do is fill out the required court forms, like a Claim Form (N1) and Particulars of Claim. These forms lay out your case, why you're contesting probate, and what you're asking for. You'll need to include statements confirming the truthfulness of your claims.
After filling out these forms, you need to deliver them to the other parties involved correctly, following the rules and timelines for serving court documents.
Once the court process starts, the court might give instructions on managing the case, setting deadlines for sharing evidence and witness statements.
There will be a trial or hearing where the court will review all the evidence and arguments from everyone involved. Then, the court will make a decision about the probate matter being disputed.
If there's no will, you might have to request Letters of Administration to become the estate's administrator. This means applying to the Probate Registry and giving information about the deceased person's assets and heirs.
If there's a disagreement about who should be the administrator or if there are issues with how the estate is being distributed, you can start probate proceedings by applying to the Probate Registry.
Just like before, you'll need to state the reasons why you're contesting the distribution of the estate. This might involve disagreements over who should get what or objections to the chosen administrator.
Similar to cases with a will, you may need to issue court proceedings by completing the necessary court forms, serving them on the relevant parties, and proceeding through the court process.
As in cases with a will, consider mediation or alternative dispute resolution methods to resolve the issues without going to court.
During the trial or hearing, the court will review all the evidence and arguments before making a decision on the contested probate issue.
In either situation, it's highly advisable to consult a solicitor who specialises in probate disputes. They can walk you through the process, evaluate your case's strengths, and advocate for you during the proceedings.
Not all contentious probate disputes end up in court! Many can be settled through alternative dispute resolution (ADR) methods or agreements outside of court.
Mediation is often very effective. It's a voluntary and private process where a neutral mediator helps you and the other parties in the dispute find a solution that works for everyone. This allows for open talks and negotiation outside of a courtroom. It's a cost-effective and time-saving option compared to going to trial, so it's worth considering if it's an option!
Direct negotiation, either between parties or through solicitors, is also a good way to reach an agreement without going to court. This might involve discussing asset distribution, changes to the will, or other related matters.
Besides mediation, there are other forms of ADR like arbitration or expert determination that can also be used to settle probate disputes.
At Lawhive, consultations for contentious probate start at just £189. The total costs will vary based on your case's complexity, its outcome, and the work needed from your solicitor and you. But regardless of your legal needs, our solicitors work online for fixed fees. This means you'll know exactly how much you'll pay from the beginning of the process.
Being upfront with your solicitor from the outset is crucial. The more details you share, the better they can assess your case and provide an accurate estimate of the fees involved.
Usually, each party pays for their own legal fees, including solicitors, barristers, and court costs.
If one party loses, the court might order them to pay the other party's legal fees. This decision depends on the court's discretion and factors like behavior during the case.
Some solicitors offer "no win, no fee" arrangements, where they only get paid if the case succeeds.
After-the-Event insurance can help cover costs if you lose, but you usually have to pay the premium regardless of the outcome.
Legal aid for probate disputes is rarely available, and eligibility criteria are strict.
Time is limited when it comes to probate matters. The main law governing these disputes is the Inheritance (Provision for Family and Dependants) Act 1975.
There are deadlines, called "limitation periods," for making legal claims, and they vary depending on the type of claim and the situation. Missing these deadlines can mean losing the right to pursue your claim.
For claims under the Inheritance Act, you usually have six months from when probate or letters of administration are granted to start your claim. Challenges to the validity of a will, like claiming it was made under duress or fraud, typically have a 12-year deadline from the date of death. However, these claims can be complex, and the court might consider when you found out about the issue.
Disputes among executors or administrators about how the estate is being managed might have a six-year deadline from when the breach of duty happened.
While these deadlines provide a general guide, the court can sometimes allow claims even if they're made after the time limits.
Contesting a will" and "contentious probate" are terms often used interchangeably, but they refer to slightly different aspects of legal disputes related to wills and probate matters.
Let’s have a look at the main differences:
| Type | Contesting a will | Contentious probate |
| Definition | Contesting a will is challenging the validity of a will, like disputing the way the will was executed, questioning the mental capacity of the testator (the person making the will), alleging undue influence, or claiming that the will is a forgery. | Contentious probate is a range of legal disputes and challenges related to the administration of a deceased person's estate, not just the validity of the will. It includes disputes among beneficiaries, disagreements over the distribution of assets, conflicts among executors or administrators, and claims brought under the Inheritance (Provision for Family and Dependants) Act 1975. |
| Grounds for Contest | Lack of testamentary capacity, undue influence, fraud, forgery, or failure to comply with the formalities required for a valid will. | Can involve various issues, including challenges to the validity of the will, disputes over the interpretation of the will, claims for provision under the Inheritance Act, and conflicts regarding the administration of the estate. |
| Limitation Period | A limitation period of 12 years from the date of death, although the court may consider when the claimant became aware of the grounds for the claim. | Claims under the Inheritance Act generally have a limitation period of six months from the date of the grant of probate or letters of administration. |
| Example | A person may contest a will if they believe the testator was under duress or did not have the mental capacity to understand the consequences of the will. | A person may engage in contentious probate if they believe they have not been adequately provided for in the will or if there are disputes among beneficiaries over the distribution of assets. |
Here at Lawhive, our expert probate solicitors are on hand, ready to take on your contentious probate case and get you to the much-needed conclusion you deserve.
Contact us to get a free case evaluation today.
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