All of Oratto's contested probate solicitors achieve Oratto membership because of their specialist knowledge and extensive experience of dealing with this type of dispute, whether it relates to the law in England and Wales or Scotland.
We can help whatever your circumstances and have experience of acting for the following:
- Trust companies
For information and advice, get in touch with Oratto by choosing one of the contact options listed on this page.
Probate, also called "grant of probate" and "confirmation" in Scotland, is a document issued and approved by a court of law. It confers upon one or more people the right to manage the assets of a deceased person. There are distinct differences between the law relating to probate in England and Wales and in Scotland, so specific advice must be sought relating to your geographical location.
Most laypeople will need a wills and probate solicitor to help them deal with the many legal and technical aspects of obtaining grant of probate. Similarly, if the deceased has died intestate (without a will) help will be needed in obtaining "letters of administration".
What is disputed probate?
Disputed or contentious probate is a dispute which relates to the administration of a deceased person’s estate, or a dispute over the value of assets, the interpretation of a will, or dealing with problematic executors or beneficiaries who are in disagreement.
Over recent years there has been an increase in claims for disputed probate. Contested probate solicitors have many potential grounds for challenging the validity of a will. However, the examples listed below are some of the most commonly cited grounds for contested probate:
- The testator (person leaving the will) was under 18 years old
- The will was made with undue influence
- The testator was not of sound mind
- There were insufficient or unsuitable witnesses to the will
Claims for financial maintenance
Under the terms of the Inheritance (Provision for Family and Dependants) Act 1975 a person may have a valid claim for financial maintenance if it can be proved that he or she was at least in part financially dependent upon the deceased.
However, there is a time limit to the making of such claims – six months from the date of the grant of probate – so it is vital to seek the advice of a contested probate solicitor at the earliest possible opportunity.
Find a contested probate solicitor with Oratto
Oratto empowers you to find the contested probate solicitor who is best suited to your needs, circumstances and location.
The Oratto solicitor-client matching service is quick and easy to use and costs you nothing. It is also without obligation. For further information try one of the contact options listed on this page.