Contesting probate when there is no Will

Unfortunately it’s not possible to stop the rules of intestacy from taking effect. However, if you believe you are entitled to a share of the estate, you may be able to bring a claim under the Inheritance Act.

The Inheritance Act 1975 allows you to make a claim for financial provision if you have not been provided for, or you haven’t been given enough. This might be the case if:

• You were living with the deceased but were not married or in a civil partnership
• You were financially dependent on them, but weren’t a spouse or child
• You’ve inherited under the rules of intestacy but it is not enough to support you.

Claims under the Inheritance Act must be brought within six months of the grant of representation being issued so we advise getting in touch as soon as possible to talk through your options.

There are a number of reasons there may not be a valid Will:

• The deceased never wrote one
• They wrote one but it has been lost
• They wrote one but it is invalid

If a Will is found to be invalid because the proper procedure wasn’t followed when it was being drafted, you may be able to make a claim for professional negligence against the solicitor or Will writer who dealt with the deceased’s affairs. Find out more on our professional negligence page.

Finding out that a loved one died without leaving a valid Will can be stressful and upsetting, but we’re here to help. Our team has dealt with some of the key high-profile cases of recent years and can help resolve even the most complex disputes.

Most disputes can be resolved by negotiation and discussion, without having to go to court. However, sometimes this isn’t possible and court is the only way.

We understand that most people would prefer to keep their dispute out of court, and we will always do everything we can to try and reach an agreement by mediation. However, if your dispute does have to go to court, we will support you at every stage. We have the experience to handle court disputes efficiently and effectively, to achieve the best outcome for you.

The cost of a Will, trust or estate dispute varies from case to case, depending on time, complexity, and whether or not you have to go to court.

A dispute can be settled at any time if the parties can come to an agreement, and they can then decide how to split the costs between them. However, if an agreement can’t be reached and the case has to go to court, the court will decide how the costs will be paid.

How can I cover the cost of my claim?

There are various ways you can cover the cost of your claim, depending on your case. These include:

• Legal Expenses Insurance
• Conditional Fee Agreement (‘No Win No Fee’)
• Payment on conclusion
• Private monthly billing.

We understand that funds and assets may be tied up in the disputed estate, and we’ll be as flexible as possible to ensure that’s not another worry on your mind. We’ll discuss the different payment options with you at the start.

Depending on the type of claim you’re making, you may need to start your claim within six months of the grant of representation being issued. In all cases, it’s very important to seek legal advice as soon as possible, so you aren’t prevented from making a valid and potentially valuable claim. We’ll be able to advise you on your situation and how we can help.