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Contested Probate

When you need to pursue or defend a claim associated with a disputed will, you can rely on our renowned expertise and experience.

  • Suing solicitors over negligently drafted wills
  • Inheritance Act claims and executor fraud
  • Relieving the pressure of disputes through mediation

Contested Probate

Worried about the validity of a will?
Concerned about an executor?
Disappointed with the contents of a will and wish to contest it?

We offer a fixed-fee confidential consultation so that we can assess whether you have a case and discuss your options. Please bear in mind the six-month time limit for making an estate claim, which makes it vital to call us without delay. Your first call is free.

HCB: Contested Probate Specialists

Whether you need to pursue a claim, or defend one being made against you, HCB can help with all aspects of contested probate, including:

Inheritance (Provision for Family and Dependants) Act 1975 Claims

If you feel a will has not sufficiently provided for you financially, we may be able to make a claim for you under the Inheritance (Provision for Family and Dependants) Act 1975 (‘the Inheritance Act’). Whilst any person may dispose of their assets as they see fit, this Act is in place to protect those who are financially dependent on the deceased. Once we’ve ascertained whether you have a valid claim, we’ll guide you through every step. We’ve successfully recovered large sums for a host of clients who should have been but were not adequately provided for under a will.

Will Disputes: Fraud; Undue Influence; Lack of Mental Capacity

If you believe a will is invalid, perhaps because at the time of signing the testator lacked mental capacity; or because it was made under duress; was not properly witnessed; has been misinterpreted or you have reason to believe there is a more recent version, we’ll do everything we can to guide you in compiling the necessary evidence to support your claim. In cases of fraud, for example where a testator has been impersonated or a will forged, we will work closely with the authorities, supporting their enquiries and working towards a just and timely outcome.

Executor Disputes

Sometimes disputes can arise between executors, perhaps where one might feel another is not acting in everyone’s best interests or is out to defraud the beneficiaries of an estate. There are also cases of executors refusing to allow beneficiaries sight of the will. There are ways of dealing with such issues and at HCB, we’ll always ensure the methods we use are the most appropriate under the circumstances. If you are experiencing problems with a co-executor, or have been refused sight of a will under which you believe you have benefited, we’ll help you take the right steps towards a just conclusion.

Professional Negligence: Will Drafting & Estate Administration Errors

If it becomes clear that the correct procedures have not been followed by a solicitor when drafting a will, or it is evident that a professional has made errors when administering an estate, there is course for redress in the form of a professional negligence claim. If as an executor you’ve found out that a will is invalid through no fault of the testator or an estate has not been administered correctly, you could, with the help of one of our professional negligence specialists, make a claim for financial damages. It is essential not to feel intimidated out of making a claim against a professional: they owe you a duty of care and should that fail, you are entitled to take action.

Help is at Hand from HCB Solicitors.

Contested probate cases have been on the increase of late, and it can prove a complex area of law, needing specialist legal representation. Here at HCB Solicitors we draw upon our experience and expertise in litigation, estate administration, trusts, property and family law so that for those facing inheritance claims or issues with wills, there is the strongest support and representation available.

From claims under the Inheritance Act to executor fraud, undue influence and negligently drafted or lost wills, we regularly handle a wide range of cases that fall under the category of contested probate.

Our experts appreciate there is a great deal of pressure and anxiety involved in dealing with contested probate matters. Family relationships are at stake and for this reason we place equal importance on dealing with the social aspects as we do in handling the legal side. We’ll often suggest mediation as a route to an amicable conclusion, where suitable.

  • Technical and approachable and very good at breaking down a problem into its constituent parts and dealing with my fathers estate

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Whether pursuing or defending a contested probate case of any nature, HCB’s specialists are here to help. Get in touch today to arrange your appointment with a member of our friendly, sympathetic specialist contested probate team.