Contentious Probate

Our Litigation & Disputes solicitors advise upon all areas of contentious probate including challenges to the validity of a Will and the removal of Personal Representatives. 

How we can help

Contentious probate is an ‘umbrella’ term that covers disputes relating to the administration of a deceased person’s estate. This could be a dispute as to whether the last Will of the deceased person is valid or where there is dispute over the contents of the Will and to who the assets in the estate have been left and in what shares.

In basic terms, for a Will to be valid, it must comply with the Wills Act 1837. This says that a Will must be in writing and signed by the deceased in the presence of two witnesses, who also signed the Will in the presence of the deceased.

Wills can be held to be invalid if the deceased person did not have sufficient testamentary capacity to make their last Will or Codicil, if they were forced or coerced into making and signing a new Will or if they did not understand or approve the contents of their Will. Our Litigation & Disputes lawyers will advise you as to the likely prospects of success of any such challenge whether instructed to bring, or defend, a claim on your behalf. Our Litigation & Disputes lawyers will assist you from the commencement of a claim through to a final hearing, if this proves necessary, advising in relation to Alternative Dispute Resolution (ADR) where appropriate.

Our Litigation & Disputes lawyers advise beneficiaries on the role of a Personal Representative (Executor or Administrator) and whether there is any scope to remove a Personal Representative in circumstances where they are not progressing the estate administration or where there appears to be mishandling or mismanagement of estate assets. 

Our Litigation & Disputes Team

Caroline
Batko
Director, Head of Department & Solicitor
Caroline graduated from the University of the West of England in 2001 with an LLB (Honours) Law Degree…
Freddie
Lawson
Director & Solicitor
Freddie graduated from Newcastle University in 1992 with an Honours Degree in Combined Studies, focusing on history and politics…
Mark
Williams
Solicitor
Mark graduated from what is now known as Anglia Ruskin University, Chelmsford, Essex in 1991 with a LLB (Hons) Law Degree…
Malcolm
MacDougall
Solicitor
Malcolm has a lengthy, commercial background in property and construction having graduated from Glasgow University with a Mechanical Engineering Degree…
Holly
Papworth
Trainee Solicitor (SQE)
Holly graduated from Bournemouth University in 2020 with a BSc (Honours) in Forensic Biology, before completing her Graduate Diploma in Law at the University of Law Guildford in 2021…
Lucy
Drury
Trainee Solicitor
Lucy graduated from Reading University in 2019 with a degree in Philosophy and Politics…
Jenny
Pye
Paralegal
Jenny graduated from Bournemouth University in 2021 with an LLB (Honours) Law Degree…

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