Contested Probate

Disputes often arise where the terms of a Will are unclear or apparently “unfair”.

Where the wording of a Will is unclear or ambiguous the problem is usually resolved by making an application to the High Court. We have years of experience in dealing with such cases and will always try to do so with the minimum cost, delay and anxiety.

In English law you can pretty much leave your property and assets to whoever you wish – unlike many continental systems where the greater part of the estate has to be left to blood relatives. This can lead to some parties [perhaps a child or a second wife or a co-habitee] feeling that they have been left out or treated unfairly. We will consider and analyse all the factors of the case and advise you of how we think a Court would deal with such matters. Where appropriate we will correspond and negotiate on your behalf with the executors and beneficiaries.

We also deal with the “Agatha Christie” type cases where there has been foul play and the Will has been forged or procured by undue influence. Even in the absence of foul play there can be issues as to the capacity of the person making the Will or the validity of the document itself.

The Court has a wide discretion to correct “unfairness” and this is often through the vehicle of the Inheritance Act 1975. Again we will bring our experience and instinct to bear on such questions and will provide you with clear and concise advice.

All these matters involve the possibility of an application to the Court. Part of our job is to guide you through the procedures and to give you a reliable estimate of the likely cost.

 

To book a no-obligation, confidential, free initial consultation, or find out more information about how we can help you please

telephone us on phone-grey 01273 205 805

email us envelope-grey advice@brightonandhovelaw.co.uk

or if you prefer arrange a callback

(Out of office appointments available by prior arrangement)