FAQs
It’s likely you’ll be able to find the answer in our FAQs which cover all of our services. You can filter questions by service area or search for a relevant word or phrase.
Unable to find an answer? Contact us on 0330 123 1229, or complete a contact form and a member of our team will be happy to help.
The deceased had dementia when they made their will. How do I challenge it?
A diagnosis such as dementia does not automatically invalidate a will, but it can be relevant to whether the person had testamentary capacity when the will was made. Our contentious probate solicitors in Stoke can advise on the evidence typically needed, including medical and factual evidence, and whether challenging a will is realistic.
The executor won’t give me information about the estate. What can I do?
Executors have duties to deal with the estate properly and keep appropriate records. If you’re being refused information or there are unexplained delays, we can advise on practical steps to progress matters and, where necessary, formal action to protect beneficiaries in inheritance disputes.
How long will my case take?
Timescales vary depending on the complexity of the estate and the issues in dispute, as well as whether a settlement can be reached. Many contentious probate matters resolve through negotiation or mediation, but court proceedings can take longer. We’ll give you realistic guidance once we understand the situation.
Can I stop probate from being issued?
In some situations, yes. A ‘caveat’ can be entered to prevent a grant being issued temporarily while concerns are investigated. If you need urgent help, our contentious probate solicitors can advise on whether this is appropriate and what it achieves.
What is probate?
Probate is the legal authority to deal with someone’s estate after they die. If there’s a will, this usually involves a Grant of Probate. If there isn’t, it may involve Letters of Administration.
Problems often arise where there are disputes about the will or the administration of the estate, that’s where contentious probate advice can help.
Can I challenge the will?
Potentially, yes. Common grounds include lack of capacity, undue influence, fraud, or issues with execution (signing and witnessing). Our Stoke contentious probate solicitors can assess the evidence, explain prospects, and advise on the best next step for challenging a will.
What’s the difference between debt recovery solicitors and a debt recovery agency?
A debt recovery agency typically focuses on collections activity, while debt recovery solicitors can take legal action where needed, including issuing County Court proceedings and pursuing enforcement after judgment. If you’re weighing up Stoke debt recovery options, solicitors are usually best when you need a formal legal route.
What is a Letter Before Action and when should I use it?
A Letter Before Action is usually the final written demand sent before legal proceedings begin, setting a clear deadline for payment. If the deadline passes without payment, the next step is often a County Court claim, something our debt recovery solicitors in Stoke can prepare.















