Contentious Probate Solicitors in Leicester

Inheritance disputes can be stressful and complex, particularly when they involve wills, trustees, or questionable gifts. In Leicester and surrounding areas, including Oakham, Market Harborough, Uppingham, Ashby de la Zouch, and Houghton on the Hill, the team at Smith Partnership provides expert legal support to resolve contentious probate matters efficiently and fairly, ensuring estates are handled appropriately.

Contentious probate refers to disputes that arise when administering the estate of a deceased loved one. There are many reasons why beneficiaries might disagree, from concerns over the validity of a will to disputes involving trustees or lifetime gifts. Whatever the circumstances, Smith Partnership offers clear, practical advice to help clients navigate these challenging situations.

How We Help You

Some of the most common causes of contentious trusts and probate include:

  • Claims for reasonable financial provision from an estate, whether there is a will or not (claims under the Inheritance (Provision for Family and Dependant) Act 1975
  • Disputes regarding the interpretation or validity of a will (e.g. lack of mental capacity to make a will, or a will that is not properly drafted) 
  • Trust disputes, for example regarding the interpretation or validity of a trust deed
  • Disagreement on the way in which the person’s estate is to be distributed or administered
  • Questionable lifetime gifts

Disputes in relation to trusts and probate are on the rise, and the above list is by no means exhaustive. Although inheritance disputes may well see emotions running high, finding an effective legal resolution is often in the best interests of each of the parties involved.

We are experts in achieving resolutions to contentious trusts and probate disputes not only through the courts by also by other alternative dispute resolution methods such as mediation. This helps keep costs down and can shorten the dispute process. 

We pride ourselves on being dedicated specialists in this area of law and on our jargon–free and approachable service, putting you, the client, at the heart of what we do.

For more information about Smith Partnership's wills and probate services, please visit our dedicated page.

Meet Our Leicester Contentious Probate Solicitors

Accredited To Ensure Your Receive The Best Legal Support

The Contentious Probate Solicitors team at Smith Partnership in Leicester is recognised for its expertise and professionalism. As a Legal 500 Tier 2 firm and a member of the Association of Contentious Trusts and Probate Solicitors (ACTAPS), our team provides trusted advice on even the most complex disputes. 

With accredited commercial mediators from the ADR Group, we are well-equipped to deliver effective solutions, ensuring a fair and efficient resolution to contentious probate matters.

Contact our team today

  1. To find out how our expert team of law solicitors can help you, contact us today on 0330 123 1229, send us an email via info@smithpartnership.co.uk or complete our contact form.
FAQs

All types of litigation can often be unpredictable, and it is difficult to accurately estimate how long some cases may take. Each type of case can bring about different timescales, and each case can be different anyway. Much will depend upon the responsiveness of opponent parties. Contentious probate cases are notoriously problematic when it comes to estimating timescales, because even after a judgment has been given or a case settled, there may be additional ancillary administrative work that prevents bring into effect any judgment or settlement. We will always try to estimate timescales as best we can and right from the outset.

You can stop a Grant of Probate or Grant of Letters of Administration from being issued. You do this by entering a Caveat at the Probate Registry. You will need to provide your name, address, and certain details regarding the Deceased. You will need to pay a court fee of £3.00, and it will prevent probate for being issued for a period of 6 months. Please note: if you prevent probate from being issued without good reason, you may leave yourself exposed to paying another party’s legal costs. It is recommended that you seek legal advice before applying to enter a caveat.

Probate is the practice of sorting out a deceased person’s affairs after they have died. This will involve locating any testamentary dispositions (i.e. a will); arranging a funeral; collecting in their assets and converting them into cash (where applicable); obtaining a Grant from the probate registry; settling or paying the deceased’s debts and liabilities; and, distributing the estate to the beneficiaries.

It is possible to challenge a will. The common ways that a person with a sufficient interest in a will or estate can challenge a will is on grounds of validity, construction, and formality. We mainly encounter concerns over validity. The typical challenges that we deal with are:wills created by a testator that lacks testamentary capacity; due to undue influence occasioned by a beneficiary; and, a testator that lacks knowledge and approval of the will. The credibility of the evidence that you have (or that we can gather on your behalf) will inform how best to bring your challenge.