Probate is often difficult to navigate, and the process becomes significantly more complex when it becomes contentious. At Preuveneers Solicitors, we understand that losing a loved one is an emotional time; a probate dispute can increase the heavy burden families face while grieving.

What is Contentious Probate?

Contentious probate refers to legal disputes regarding the administration and distribution of a deceased person’s estate. These disputes often arise when beneficiaries contest a will’s validity or dispute the proposed distribution of assets.

Common issues include:

• Capacity: Whether the deceased had the mental capacity to create a valid will.
• Undue Influence: If the deceased was manipulated or coerced before death.
• Fraud and Forgery: Concerns regarding the authenticity of the document.
• Want of Due Execution: When a will fails to meet set legal requirements.
• Inheritance Claims: Disputes regarding disinheritance or unfair representation.

The Role of a Solicitor

Solicitors are a necessary part of the legal process in contentious cases. A contentious probate solicitor represents a client’s best interests, arguing the case factually and diplomatically while providing support during a challenging period.

Resolving Disputes With or Without a Will

• With a Will: Disputes may arise due to mistakes, concerns over the executor, or perceived unfairness.
• Without a Will: If there is no valid will, the estate follows the process of intestacy. However, even intestacy law can be challenged, leading to contentious probate.

Key Logistics: Time and Costs

Feature	Details
Who can claim?	Anyone with an interest in the estate, including family and excluded parties.
Duration	There is no set time limit; it depends on case complexity and party cooperation.
Resolution	Often handled via negotiation or mediation, though some require litigation.
Cost	Impacted by complexity and length of proceedings.

Who pays the legal fees? The outcome of the case usually determines who is responsible for costs. If the person who made the will is ruled to have caused the proceedings, the estate pays. However, an unsuccessful party may have to pay the fees themselves.

The Grant of Probate

A grant of probate is the legal document that gives executors authority over the estate. This is required to access bank accounts, sell assets, and settle the deceased’s debts.