Contentious Probate & Will Dispute Solicitors

Handling Probate Disputes With Consideration and Care

When somebody you love passes away, emotions are often very high, and family dynamics can turn fraught if probate issues arise. In these instances, it’s very important to work with contentious probate solicitors as early as possible; minimising the fallout that these circumstances can bring, and ensuring that everybody arrives at the resolution they’re looking for.  

We can help you navigate the legal complexities of this emotionally heightened time, providing clear, helpful guidance about: 

• Contesting a Will
• Defending a Will challenge brought by somebody else
• Pursuing a claim for financial provision from an Estate (an Inheritance Act Claim)
• Whether a solicitor has negligently prepared a Will
• Applying to remove an Executor from continuing to Administer an Estate

Our team can also help with writing a Will, so please get in touch if you’re early on in this process. 

Why Choose Sparlings Solicitors When Disputing a Will? 

Contesting a Will can be a stressful experience, and you want the very best legal support to make sure the process is as smooth as possible.

We stand out with: 

• Strong local presence: Based in Essex, our team are equipped to handle probate disputes with a localised perspective that’s built on trust and experience
• Friendly and approachable team: Our client-focused approach puts your needs at the forefront of everything we do, reaching your desired resolution sooner
• Clear and transparent pricing: Following a fixed-fee initial interview, we’ll make sure you have complete visibility of how much contesting a Will could cost 
• Outstanding client reviews: With 250+ positive reviews from our clients, we’re confident that you’ll be satisfied with the high quality of guidance you receive  

Understanding the Probate Dispute Process

Each probate dispute is unique, but to help you understand what work our team will carry out on your behalf, the process can be summarised as follows: 

1. Initial assessments and fact-finding

We’ll have a fixed-fee initial interview with you to understand the situation, during which you can speak with us about what your claim consists of, and what outcome you’re aiming for. 

2. Lodging a caveat 

If you believe that a Will is invalid, we can enter a ‘caveat’ into the Probate Registry. This temporarily blocks the probate from being granted as it currently stands, allowing for further investigation into how an estate should be distributed. 

3. Pre-action correspondence

Once a caveat has been filed, we’ll write to inform all parties about the legal details of your dispute, giving them the opportunity to respond. This opens the door for an early resolution, which could avoid the need to go to court. 

4. Negotiation

In almost all cases, we work with you to try to achieve a form of alternative dispute resolution (ADR), which can involve mediation. If a fair settlement can be reached, this is often much faster (and more cost-effective) than going to court. 

5. Court proceedings and resolution

If ADR cannot be reached, we’ll pursue your case in court. A judge will review all evidence compiled by our Will dispute solicitors, and a legally binding decision will then be made on how the estate should be distributed.  

Work With Us Today

If you’re struggling to manage the emotional impact of losing a loved one while also handling the legal side of their estate, let us help. 

Contact us today on 01206 20733733, or use the form below to speak to a member of our team. Once we’ve understood your situation, we’ll work with you to reach an outcome that works for you.

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Is it worth contesting a Will? 

Deciding whether to contest a Will is a very personal decision which requires you to weigh up the potential inheritance against the legal costs and impact on family relationships. Generally, it is worth pursuing if there is a substantial financial or sentimental asset at stake and you have clear evidence of a legal issue – such as a lack of mental capacity, undue influence, or a failure to provide for a dependent. If you’re unsure, speak to us and we can advise you on the best approach. 

Who is eligible to contest a Will? 

In most cases, claims are made by family members (spouses, children, or civil partners), dependents who were being financially supported by the deceased, or individuals named in a previous version of the Will. Under the Inheritance Act 1975, you may have a claim if you feel you haven't been left "reasonable financial provision."

Is there a time limit for starting a probate dispute? 

Yes, and these limits can be very strict. For claims under the Inheritance (Provision for Family and Dependants) Act 1975, regarding "reasonable financial provision," you usually only have six months from the date the Grant of Probate is issued. While other types of claims (like fraud or validity) have longer windows, it is always best to speak to a contentious probate solicitor immediately to avoid losing your right to claim.