Most probate work is non-contentious, however, we must ascertain whether the estate is likely to be contentious. As soon as a probate assignment becomes contentious our work must come to a stop and a solicitor authorised to carry out contentious probate work should be appointed. We can of course provide recommendations with trusted solicitors if they are needed. Our work can potentially continue once the assignment is no longer contentious, or alternatively the case can continue to be handled by the appointed solicitor. By its very nature a contentious probate is likely to cost considerably more than a non-contentious probate case.
Examples of contentious probate include:
- Disputes relating to the will for example there may be claims of undue influence or doubts over the mental capacity of the testator.
- Litigation involving the construction of wills.
- Applications under the Inheritance (Provisions For Family and Dependant’s) Act 1975.
- Actions against personal representatives for breach of trust, fraud or negligence.
- Applications to remove or replace personal representatives.
- Trust litigation in respect of property
As a result of this we shall where possible ask clients if we can create a family tree supported by birth, marriage and death certificates. This will help identify any action that could be expected to be taken under the Inheritance (Provisions for Family and Dependant’s) Act 1975 whilst also assisting with the correct distribution of assets.