Contentious probateContentious probate is not a term you may know unless you have been put into a scenario where you are involved in this process. It is essentially a dispute involving inheritance and Wills, the entitlement details or their validity. This can be a painfully emotional process for any family member after losing a loved one.

People are becoming more aware of their legal rights and entitlements, family set ups are becoming more complex and, as such, the number of people contesting Wills continues to rise. This is despite the fact that challenging a Will is very complicated, it can take a substantial period of time to resolve, and it is such a sensitive subject for many families.

Not only are more people challenging their entitlement, to ensure they are adequately provided for, but they are also concerned about where the rest of the estate is allocated and whether this is a true and accurate reflection of their loved ones wishes.

There are many grounds upon which a Will can be challenged, provided there is sufficient evidence to support this. These include but are not limited to;

  • You believe the Will may not be an true representation of the testators wishes
  • You believe the testator was coerced into making the Will
  • The Will has been incorrectly or poorly drafted, as seen with some DIY Wills
  • There is some question over the mental capacity of the testator when they created the Will

Due to the complex nature of this subject and the very short period of time people have to bring these claims, it’s very important to engage with a specialist professional at a very early stage so you gain the legal advice and guidance required from the outset.

WBW Solicitors highly experienced and approachable team understand how difficult this subject can be and can offer you support throughout the process of working towards a satisfactory conclusion for you.

If you’d like to talk to a member of the Contentious Probate section of the Private Client team about any concerns you may have please call the teams New Client Coordinator Jacqui Neate on 01626 202366 or email jacquineate@wbw.co.uk.