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Contested Probate

Losing a loved one is often a difficult experience which can be made worse for all concerned if a dispute about a Will arises. Our team can help you with challenging a Will Inheritance (Family & Dependents) Inheritance Act 1975 claims issuing a Caveat removing an Executor removing an Administrator Trust disputes

We are the Contested Probate specialists at Enoch Evans LLP, a well-respected law firm with clients throughout the UK and a strong local presence in the West Midlands. We can help guide you through the legal difficulties and provide you with clear, realistic and reassuring advice.
As lawyers we have experience in dealing with complex Will disputes between families, friends and charities. We understand that every situation is different, and that Will disputes can happen for many reasons. We aim to deliver a simple to understand and stress-free service. We appreciate that settling disputes whilst parties are grieving can be a sensitive process and our aim is to ensure the best outcome for you at a fraught time.
No two Will disputes are the same.  Sometimes you may have concerns about the way the Will has been written or you feel that a Will doesn’t fulfil the wishes of the loved one that has passed away. On other occasions a breakdown in communication can halt the administration of an Estate.  We aim to make this area of law as simple as possible for you, and help you overcome any problems you may face.
We are able to assist with all kinds of Will disputes and other claims involving the administration of an estate, property and trusts.  This also includes dealing with less common matters, such as:

– Statutory Wills;

– claims before the Court of Protection; and
– professional negligence arising out of the incorrect preparation of a Will.
Please do not hesitate to contact us on our dedicated email address: advice@enoch-evans.co.uk
The language involved in Will disputes can prove difficult.  Some of the more common terms are:
Contested Probate
This is the formal name for challenging a Will or bringing a claim which arises out of a Deceased’s Estate or the behaviour of an Executor or Administrator.
Caveat
A Caveat is a short-term mechanism used to stop a Grant of Probate being obtained from the Probate Registry.  Caveats can be challenged.
Lack of Due Execution
There are rules about how a Will must be signed in order for it to take effect. If a Will is not signed properly and all of the legal formalities have not been properly complied with, the Will could be challenged.
Want of Knowledge and Approval
Despite signing their Will, a person may not know what their Will says or understand what the Will does. This lack of knowledge and approval of the contents of their Will may make it invalid.
Undue Influence
A Will should be an expression of the wishes of the person making the Will and not someone else. A Will can be challenged if someone influenced, coerced or put pressure on the person who was making the Will.
Lack of Testamentary Capacity
Where a person making a Will does not have the required mental ability to make that Will, whether due to illness or injury, they are said to be lacking testamentary capacity.
The Inheritance (Provision for Family & Dependants) Act 1975
This Act allows people who have not been sufficiently provided for in a Will to apply for “reasonable provision”. There are certain categories of eligibility which depend upon the Deceased’s circumstances.

Related departments

WILLS, TAX & PROBATE

The Wills, Tax and Probate team provides clients with a personal service, where pride is taken in having a sensitive and professional approach to every matter. Visit the department

CIVIL LITIGATION

Legal disputes take many forms and are an increasingly unavoidable risk of modern life.  Our Civil Litigation specialists can offer assistance with a wide range of legal difficulties. Visit the department

MANAGEMENT OF FINANCIAL AFFAIRS

Where family members and loved ones lose the required mental capacity to make important decisions regarding their property and financial affairs, our dedicated legal team can offer advice and support. Visit the department

Anne Ward
Partner
Andrew McManus
Senior Solicitor