Understanding Contentious Probate: A Brief Guide
Probate is a term you may be familiar with if you have ever been involved in the distribution of a loved one’s estate. But do you understand what contentious probate means? As legal specialists at Askews Legal LLP, we believe in empowering our clients with knowledge, and in this article, we will demystify the world of contentious probate.
What is Contentious Probate?
Essentially, it is the area of law that concerns disputes regarding the administration of a deceased person’s estate. It includes issues like challenges to the validity of a will, disputes over the interpretation of a will, or disagreements over the way an estate is being administered.
The Genesis of Disputes in Probate
Understanding how disputes can arise is crucial. Generally, disputes emerge due to ambiguities in the will, perceptions of unfair treatment, or a complete absence of a will (also known as dying intestate). Other common scenarios include (non-exhaustive):
- A will that hasn’t been updated to reflect significant changes in the testator’s life;
- Concerns about the mental capacity of the testator at the time the will was made;
- Where there is a belief that the testator was unduly influenced into making a will in a certain way; and
- An executor failing to properly fulfil their duties.’
Protecting the Deceased’s Interests
At Askews, we recognise our important role in protecting the interests of the deceased when a will or intestate estate is contested. This protection isn’t just about safeguarding the financial assets but also about honouring the genuine wishes of the deceased person. We are equipped with experienced solicitors who are knowledgeable in contentious probate matters and committed to achieving the best outcome for all involved.
Our Sensitive and Cost-effective Approach
Dealing with contentious probate is a tough task. We appreciate the emotional weight and difficulties that come with disputes, especially given that they usually surface during times of grieving, and this is why we adopt a sensitive approach when dealing with such matters.
Furthermore, we understand the financial implications of engaging in legal disputes. As such, we strive to offer a cost-effective service, advising on the most financially prudent course of action for our clients.
Probate Mediation and Dispute Resolution
Part of our approach to contentious probate matters involves exploring options like mediation and other forms of dispute resolution. These methods are often less adversarial and can lead to faster, less costly resolutions.
Inheritance Act Claims
One area that is often overlooked in contentious probate matters is Inheritance Act claims. These are claims made by individuals who believe they haven’t received reasonable financial provision from the deceased’s estate. It’s a complex area of law and one in which we have expertise.
How Askews Legal LLP can help you
Contentious probate matters are fraught with complexity, emotion, and potentially significant financial implications. It’s not something that anyone wants to deal with, especially in the aftermath of a loved one’s passing. At Askews, we understand this. Our experienced solicitors approach these matters with sensitivity, professionalism, and an unwavering commitment to protecting the interests of the deceased.
Whether you are planning for the future or currently navigating a probate dispute, we’re here to help guide you through your legal matter. We offer a cost-effective, human-centric service that respects your emotional journey while striving to achieve the best legal outcomes for you.
To talk to us about any points made in this article, please call us on 02476 231000 or email enquiries@askewslegal.co
Through our AskHR and HR Genie, we can take much of the legal elements of staff management off your shoulders so that you can focus on your business. Call us today to find out more.
