Executor Misconduct
Unfortunately, executors can knowingly or unknowingly breach your trust. This can happen through carelessness, incompetence, or them acting in their best interest instead of your estate’s. This is known as executor misconduct.
Contentious Probate Solicitors
If there’s any dispute about how a person’s estate is administered after they’ve died – like who will inherit their assets or live in their house – it may be referred to as ‘contentious probate’.
If you feel that a loved one’s estate is not being managed properly, we can help you contest probate.
How can our expert solicitors help with contentious probate?
A person’s legacy is important, and it’s important to know that it’s being handled in a way that’s fair to those inheriting and doesn’t damage its value.
The Irwin Mitchell private client team is the largest in the country and we have top tier rankings for contentious trusts and probate the Legal 500 guide. Our large team of contentious probate solicitors, based around the country, have helped thousands of people manage their loved ones’ estates and resolve probate disputes.
A solicitor can help you resolve disputes to do with:
- How the Will is interpreted
- The value of the assets involved
- Disagreements between beneficiaries
- An executor who has mismanaged the estate
- If there was no Will (intestacy) and you want to challenge how the estate has been divided up.
During what is undoubtedly a challenging time for those involved, we can guide you through the process and make sure that the deceased’s estate is handled as they wished.
Probate disputes services
Losing a loved one is very difficult and problems with how their estate is being handled can make it even harder. If you feel that a loved one’s estate is not being managed properly, we can help you contest probate. There are a number of ways that Probate can be contested.Speak to our experts
We have the largest private client team in the UK; our team of experts are here to provide discreet legal advice to support you and your family.
Claire-Marie Cornford
Partner
What’s the difference between contesting a Will and contentious probate?
Contentious probate refers to any dispute about the way a person’s estate is administered after they die. Technically, Will disputes fall under this term – if you wanted to challenge someone’s Will, that would legally be termed contentious probate.
However, because so many different types of disputes fall under the contentious probate banner, it’s helpful to break them down further. So we distinguish between contentious probate disputes (how the assets of the estate are sorted out after someone’s death), and Will disputes (where there is a problem with the Will itself).
You might contest a Will if:
- You think it is invalid
- The Will was forged or the result of fraud
- You think the person who’s died didn’t have mental capacity to make it
- The person who’s died was pressured to change their Will to benefit someone else (known as undue influence).
We’re here to help
Complete our enquiry form and one of our experts will contact you by the next working day.
Alternatively, you can call us now.
Our opening hours are Monday to Friday 8am to 6pm (Excluding Public Holidays).
03300290683
How long do I have to make a contentious probate claim?
In most cases, you will need to start your claim within six months from the date that the grant of representation (also known as probate) is issued.
If you’re unsure about your position or feel you're being 'talked out' of making a claim, seeking legal advice quickly can ensure you don’t miss the opportunity to pursue a potentially valuable claim within the valid timeframe.
How much does a contentious probate claim cost?
The cost of making a contentious probate claim can vary depending on how complex the case is and whether it can be resolved outside of court.
If your case is settled through negotiation or mediation, you will likely only have to pay solicitors’ fees, which vary depending on the experience of the solicitor.
If the case goes to court, a judge will usually decide how costs are divided between the parties, which can affect how much you ultimately pay.
Please get in touch with us to discuss more specific costs. We aim to define costs as early as possible and always be as transparent with our pricing as possible.
Making an enquiry
We have several ways you can contact us, either by completing our online contact form, by phone, or using our live chat. If you start your journey online, here are the first steps to working together.
Complete our online formWe need a few details to understand your situation and the kind of support you need.
We’ll contact you by phoneOn the call our experts will ask you a few more questions to make sure we connect you with the right legal advice from our team.
We arrange a full appointmentIf we’re able to support you further, the next step is an appointment with one of our specialists so we can discuss everything in more detail.