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Contentious probate covers any situation where a will, the appointment of an executor, or the distribution of an estate is disputed. Applications hit a record high in 2024. These guides explain the legal grounds, the process, and what to expect if you become involved in an estate dispute.
How much does it cost to contest a will? This guide covers typical solicitor costs at each stage (£50,000–£150,000+ per side for a trial), the testator's fault exception, funding options (CFA, ATE, litigation funding), and how mediation controls costs.
How to challenge a will on grounds of fraud or forgery. This guide covers will forgery, fraudulent calumny, procuring a will by fraud, the evidence needed, and why there is no limitation period for probate obtained by fraud.
The five legal grounds for contesting a will in England and Wales: lack of testamentary capacity, lack of valid execution, undue influence, fraud and forgery, and lack of knowledge and approval. What each means and what you need to prove.
A step-by-step guide to entering a caveat at the Probate Registry in England and Wales. This guide covers what a caveat does, who can enter one, the cost (£3), duration (6 months), and what happens when the executor issues a Warning Notice.
A complete guide to Inheritance Act 1975 claims in England and Wales. Covers the six categories of applicant, the maintenance standard vs spousal standard, the strict 6-month deadline from grant, the factors courts consider, and the orders the court can make.
Can adult children claim under the Inheritance Act 1975? This guide covers the high threshold courts set, when claims are more likely to succeed (disability, sacrifices, dependency), the maintenance standard, and the 6-month deadline.
Can an unmarried partner claim under the Inheritance Act 1975? This guide covers the 2-year cohabitation requirement, what 'same household as husband and wife' means, the maintenance standard, the 6-month deadline, and what happens on intestacy.
How to challenge a will on the grounds of lack of testamentary capacity. This guide covers the Banks v Goodfellow (1870) four-part test, what evidence is needed, the golden rule for solicitors, and the practical steps to bring a claim.
How mediation works in will and estate disputes. This guide covers what mediation is, why estate disputes are particularly suited to it, the court's attitude (costs sanctions for refusal), how a session works, costs (£1,500–£5,000), and when to use it.
How to remove an executor through the court under section 50 of the Administration of Justice Act 1985. This guide covers the grounds for removal (conflict of interest, misconduct, inertia, breakdown), the application process, and alternatives to court action.
How to enter a standing search at the Probate Registry to monitor when a grant of probate is issued. This guide covers the difference from a caveat, cost (£3), duration (6 months), and why it matters for Inheritance Act time limits.
A complete guide to time limits in contentious probate. Covers the 6-month Inheritance Act deadline (from grant), the 12-year limitation period for will validity challenges, no limitation period for fraud, and the importance of acting promptly.
How to prove undue influence in a will challenge. This guide explains the strict legal test (coercion, not persuasion), the absence of any presumption in will cases, what circumstantial evidence courts consider, and why these claims are so difficult to win.
What are the practical outcomes when a will challenge succeeds? This guide covers the effect of a declaration of invalidity, distribution under a previous will or intestacy, partial invalidity, revocation of the grant, recovery of distributed assets, and Inheritance Act outcomes.
An introduction to contentious probate: what it covers, the two main types of dispute (will validity challenges and Inheritance Act claims), the courts involved, costs, and the first steps to take.