Contested probate cases

Set out below are cases we have recently settled. Significant contested probate cases Administering an estate does not always go smoothly, and disputes can often arise during the probate process, which is why it is wise to seek the help of a contested probate solicitor. There have been many important cases in the past that show examples of the common problems faced in contested probate cases. We have experienced team members and lawyers that are experienced in both litigation as well as probate an wills and trust related matters.

The rise of hopeless contested probate claims has been triggered by the increase in property ownership and a mis-placed sense of entitlement. You will need an attorney that is dedicated and skilled in handling a contested probate case.

Recovering legal costs in contested probate cases When it comes to determining the issue of costs in contested matters, the general litigation rule is that the costs follow the event. In other words, it is expected for the loser to pay the winner’s costs. This is however not always the case in contested probate matters. I summarise what I see as some of the key cases below (in order of the judgment date), which have covered topics varying from will validity challenges to construction of trust documents and much.

Mr G died intestate , and his brother was dealing with the estate. According to his brother, Mr G had always lived alone, never married and had no children. Contentious Probate Cases.

The brother was the person entitled to his estate on intestacy.

We act regularly for Executors, Trustees, and disappointed family members in a variety of contested probate cases. It is getting to the stage where people are passing on that wealth. Where there is money, there is a dispute.

As it stands, accountants are not legally allowed to deal with contested probate cases , however this is something that could change in the future, which many people think makes sense when currently there’s the potential for crossover or duplication of work already. There may be written discovery, depositions, subpoenas duces tecum, mediation and trial before the case is over. Guardian Legal Services are leading, independent specialists in litigation funding and ATE insurance for this growing market. The first step is for your solicitor to take instructions from you outlining the reasons why you wish to contest the will.

They will then find out if a Grant of Probate has been obtained. If not, they enter into a Caveat to prevent one being taken out. We act in a number of contested probate cases and will disputes. Claim under the Inheritance (Provision of Family and Dependants). The act provides for a situation where the deceased has failed to leave provision, and allows a certain class of persons to claim against the estate.

The numbers of contested probate cases continue to rise, but this case highlights how difficult they are to pursue and it has to be remembered that in English law the principle of testamentary freedom overrides so, as Master Arkush set out, notwithstanding a disappointed beneficiary’s dissatisfaction there has to be meritorious grounds and strong evidence to run a successful claim, particularly where the will has been professionally prepared. In fact, just as with other types of litigation, in most cases probate claims will follow the usual rule that the loser pays the winner’s costs. Occasionally, more than one person wants to be appointed by the court to manage the estate of a deceased person. Sometimes the authenticity of a Will is questione or a claim is made that the deceased person lacked the mental capacity to create the Will.

Add to the mix a will containing different terms to those anticipate and a proprietary estoppel claim from a disappointed beneficiary may well be the result. It explains what contested probate is and how it relates to the non-contentious probate system and other relevant areas.

There are several ways which probate could be contested , which could prevent you from being given a grant of probate. In some cases , a beneficiary or relative of the deceased may enter a caveat, which can prevent or delay probate being granted. What if probate is contested ?