Contentious Probate

Disputes regarding the probate and administration of estates are unfortunately increasing. We are here to help you through it. 

Disputes involving inheritance or the validity of a will is in the UK classed as contentious probate. In basic terms, this is where there is disagreement about distribution of a person´s estate after they pass away. 

If you feel the will didn't leave you what you deserve or were promised, or you have any concerns regarding the process of writing the will, you could have reason for contentious probate. 

Making a claim

To make a claim you must fit into one of the following categories:

  • Spouse of the deceased
  • A former spouse of the deceased, but only if you have not remarried
  • A partner who lived with the deceased for at least two years immediately before the death
  • A child or a person who was treated like a child of the family of the deceased
  • Someone who was supported financially by the deceased

Reasonable grounds

If one of the categories applies, you will need to show you have reasonable grounds to make claims. Reasonable grounds are:

  • The will does not accord with the deceased´s wishes
  • There is a mistake of fact, for example an error made by the person who drafted the will
  • The deceased lacked mental capacity and didn`t fully understand the meaning and effect of what was in the will
  • The will was made under undue influence
  • The will was not executed properly
  • You feel you were unfairly treated or left out of the will by the deceased

It´s important that you seek swift advice and act quickly. At Churchers we know that dealing with these problems while grieving is difficult and can be painful, which is why our team is on hand to minimise stress for you. We aim to resolve contentious probate disputes quickly and cost effectively, and have significant experience in dealing with such matters. 

Other services

We can also help you with Ordinary Powers of Attorney, Advanced Medical Decisions, and Wills. If you would like assistance with any of the above, please contact us.

How Can We Help?

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Please call 01329 822 333
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The Contentious Probate Team

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  • Andrew Bryan
  • Partner
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Churchers team member photo
  • Matthew Bailey
  • Partner
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Churchers team member photo
  • Michael Flaherty
  • Senior Solicitor
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Our Clients Love What We Do

Many thanks for your help and advice over the past months which have been extremely helpful.

J Ford - Gosport

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