Contentious Probate


Contentious probate is any dispute relating to the administration of a deceased person's estate, whether it involves a dispute over the value of assets, the interpretation of a will, or dealing with difficult executors or feuding beneficiaries.

KSN Solicitors is a UK law firm based in Camberley covering Surrey, Hampshire, Berkshire and London and with clients nationwide.

Contentious Probate refers to a disagreement, usually relating to an inheritance or Will, which arises following the death of a family member or friend.

At KSN Solicitors, we understand that disagreements like this can cause a lot of worry at what is already a very difficult time.

Our team is friendly and approachable with a proven track record of getting things sorted quickly and efficiently. They can explain everything in a clear, easy to understand manner, helping you through disputes with sensitivity, speed and assurance.

Our specialist Contentious Trust & Probate Team has a wealth of experience in handling all manner of trust and estate disputes, including:

  • Challenging the validity of a Will
  • Claims for reasonable provision from an estate
  • Investigating the financial abuse of the deceased by an Attorney and/or Executor
  • Investigating the actions of Trustees
  • Breach of Trust Claims

Such claims range in value from several thousand pounds to several millions of pounds and often include the added complexities of business assets.

KSN Solicitors principal aims are to immediately identify your objectives and then help you reach a satisfactory conclusion as quickly, cost-effectively and painlessly as possible in order to protect and / or secure a beneficial interest, recover missing assets, or uphold the wishes of the Deceased.

We rightly pride ourselves on providing a personalised first-class service and on meeting your expectations, with all claims handled by a dedicated solicitor to whom you have direct access.

CONTENTIOUS PROBATE SERVICES

The death of a loved one is extremely distressing and can be made all the more traumatic if you or someone else believes the will to be invalid.

Our team is experienced in dealing with all types of will and inheritance disputes and can help challenge a will’s validity. Our solicitors can also make sure you are able to claim what you are entitled to in a will.

They are also experts at helping people recover assets which may have been promised to them by their loved ones.

In the unfortunate circumstances of a dispute about a will between beneficiaries, trustees or personal representatives, our specialists are experienced at dealing with Trust Disputes and will work with you to find a solution.

Our specialist solicitors will guide you through the process, which can include:

Entering any necessary protective entry or search at the Probate Court in order to protect your position;

Obtaining relevant evidence such as copies of the Will, medical notes, statements from relevant witnesses;

Writing a detailed Letter of Claim setting out your case including, where appropriate, providing relevant documentary evidence, making reference to Alternative Dispute Resolution (such as mediation) and requesting confirmation that the Estate will not be distributed until the issues raised in the Letter of Claim are either resolved by agreement or by Court Order ;

Reviewing and discussing with you the Letter of Response to the claim.

Our objective is to deal with what can be extremely upsetting and emotional matter in a sensitive and straightforward way.

WHO CAN CONTEST A WILL?

In the vast majority of cases, a will is contested by a family member. For example:

  • A spouse or civil partner
  • A partner who has lived with the deceased for two years or more
  • A former spouse
  • A child
  • A step-child
  • A dependant

As a family member, you are not necessarily or automatically entitled to receive anything from the deceased’s estate but our accomplished team of solicitors will act swiftly to establish the facts and background to your case, before advising you on the chances of overturning the existing terms of the will.

We can offer advice on whether it is appropriate to contest the will and on the next steps to take.

GROUNDS FOR CONTESTING A WILL 

Disputes often arise over the division of assets or the exclusion of an expected beneficiary completely.

Grounds for contesting a will can include:

  • The will was unsigned
  • It was not witnessed properly
  • Doubt over the validity of the will
  • The deceased did not have the mental capacity to make a will at the time
  • The deceased was influenced or coerced into making the will
  • Impropriety on the behalf of the executors or trustees
  • The solicitor that drafted the will did so negligently
  • The will fails to adequately provide for family members and dependants of the deceased
  • Forgery and Fraud

HOW MUCH DOES IT COST?

We recognise that litigation of this type is a major financial commitment and we are happy to discuss with you funding arrangements in each particular matter

Please feel free to contact us to talk about our wide range of services.

HOW WE CAN HELP

If you feel that you have been unfairly left out of a will or you are an executor who is either acting on someone else’s behalf or defending a claim, our specialist legal team are there to help with the expertise and experience that you need.

If you believe you have grounds to contest a will, it is imperative that you contact us without delay. In some cases, a claim must be brought within six months of any Grant of Probate. You don’t have long, so take legal advice as soon as possible.

Get in touch with our team for a non-obligatory initial discussion on 01276 28040 or complete the form at this page to request a call back. With our expert help, the solution to your problem may be easier and quicker than you had imagined.

Let's talk

We have specialist Wills and Probate Solicitors to ensure you are guided through the process with confidence and ease. Please give us a call on 01276 788 087 now, or drop us your details below and we'll give you a call back at a time that suits you.