Contentious Probate
The work undertaken by the Contentious Probate team would perhaps be better described as providing litigation support for any problems arising out of death.
The Work We Do
The work we do directly relating to Wills includes:
- Registering/challenging caveats in the Probate Registry
- Challenging/defending capacity of the deceased to have made a Will
- Challenging/defending alleged forged Wills
- Bringing/defending claims brought under the Inheritance (Provision For Family & Dependants) Act 1975 (i.e. that no or insufficient provision was made available by the deceased to a dependant)
- Challenging/defending invalid Wills (i.e. Wills that do not comply with the rules)
We can also provide litigation support to the estate. This includes:
- Assisting in recovering property for the deceased’s estate. This would include recovering possession of the deceased’s home when an occupant of that property refuses to move out.
- Attending inquests
- Recovering damages if the death was caused by a negligent act
- Defending claims against the estate
- Assisting in relation to disputes relating to the interpretation of life insurance contracts.
- Professional negligence claim if the family believe that the will has been drawn up negligently
In addition, we can assist if there is a trust and there is a dispute:
- Over the interpretation of the trust deed
- Over the conduct of the trustees
- Between the trustees
Litigation support can also be provided in the Court of Protection, in particular
- disputes arising when a Power Of Attorney is registered
- disputes between the Attorney/Deputy and other family members
- disputes between the Attorney/Deputy and the Court of Protection
To see examples of cases we have been involved in, please click here.
