Contested Probate

THE number of people mounting a legal challenge to a loved one’s will is on the increase – across Yorkshire and the wider UK.

THE number of people mounting a legal challenge to a loved one’s will is on the increase – across Yorkshire and the wider UK.

Official court figures revealed that there was a six per cent rise last year in the number of people disputing the bequests of a family member of friend. There were over 8,000 cases attempting to block probate.

This is a legal process commonly known as contested probate (or contentious probate).

According to a national survey, as many as one-in-four of us would take legal action if we were unhappy with a relative’s dying wishes on how they distribute their assets. Analysts put this down to the intricacies of modern life and rising property prices.

As our article on the spike in contested probate cases highlighted, it is a scenario that doesn’t just grip the nation in TV’s Coronation Street – it’s very much part of everyday real life too. coronation street

Hardly a day goes by without picking up a newspaper or turning on the TV to see a family dispute over a will hitting the headlines

Here’s the expert view of our contested probate team on a recent high-profile test case: here

Whether you are making or defending a claim, our offices in Leeds, Harrogate and Pontefract have a team of solicitors who specialise in all forms of contested probate.

This legal expertise includes:

  • Challenging or defending the will itself, if there is a dispute over its contents. (The most common grounds for contesting a will include undue influence; lack of knowledge or approval; fraudulent or forged wills; lack of valid execution; lack of provision for family and dependents).
  • Contesting or defending probate when there is a disagreement over the administration of the estate
  • Making or defending a claim under the Inheritance Act if people have been unfairly disinherited, or not been left the amount of financial amount they deserve or require

We also offer expert legal advice when it is alleged a deceased person did not to have had the mental capacity to manage or make an informed decision about their financial affairs, and did not complete a Lasting Power of Attorney.

You can find out more about the importance of Lasting Powers of Attorney here: here

By their very nature, contested probate claims can be large and complex, and present their own set of unique challenges. Sadly, they can also give rise to further family fall-out and feuds.

Our contested probate team take these challenges and sensitivities on board to ensure that the legal process for making or defending a claim follows the smoothest path, and achieves the best possible outcome for

Aside from a few restrictions, people in the UK are largely free to leave their assets to whoever they like.

This is in contrast to large parts of Europe, where laws of succession make it virtually impossible for French parents, for example, to disinherit a wayward child.

However, without proper legal advice many people make elementary mistakes when writing their wills, which may trigger a challenge from other potential beneficiaries further down the line.

Inheritance tax law and inheritance tax planning is also a specialist area for Milners – from writing a will, through to establishing a trust to protect a loved one’s inheritance. You can find out more about our inheritance law team here: here

Whether you making or defending a probate claim, you can be confident that Milners Solicitors in Leeds, Harrogate and Pontefract can advise you on the best course of action.

Our experienced contested probate team is one of several we have in place to guide you through life.

Others include inheritance law; employment law; debt and bankruptcy; family law, including separation and divorce; personal injury; and wills, trusts and inheritance tax planning.

Click on the above list to the left to find out more about each one …

If you would like to find out more about our services then gives us a call on 0113 245 0852.

Latest news

Milners solicitors is always working to help our clients. Researching current issues and providing clear and easy to understand help.

Where to find us

Leeds-based solicitors, we also have offices in Harrogate and Pontefract but operate throughout Yorkshire and further afield.

Do we fit the part?

Let’s work together.

At Milners solicitors we offer a free initial consultation where you can speak to a member of our specialist team.

  • we’re exceptional team players intent on your success
  • we’re flexible and approachable, tailoring our experience as solicitors to your needs in every case
  • with our combined strength and determination we are always committed to delivering the results you need.