Probate is the legal process of administering the estate of a deceased person in accordance with the terms of their will (if one exists) or the intestacy rules (in cases where there is no will). Probate includes asset management and payments of debts and taxes and the distribution of  the remaining assets to beneficiaries.
Contested probate (sometimes known as “contentious probate”) is the frequently used umbrella term for any challenge to an estate, regardless of whether a will exists. It is a broad description for various claims relating to estate or inheritance matters, such as the validity of wills, including allegations of forgery or fraud, undue influence, lack of capacity, and/ or concerns about whether documents have been properly executed.
What does a contested probate solicitor do?
Our contested probate solicitors at B P Collins can help to ensure an estate is distributed as intended by the deceased or help rectify a situation where there is a dispute relating to the estate to include, for example, where an unmarried partner or a child of the deceased have not been considered when a will was made. We advise those interested in the estate, including the administrators or executors, and the beneficiaries in relation to any claims which may arise.
We understand that contested probate litigation can be time consuming and stressful, not only for prospective beneficiaries but also for personal representatives.
Our contested probate services:
Probate claims
We are able to advise in respect of any claim relating to an estate including administration disputes, will validity disputes, claims for provision from an estate pursuant to the Inheritance (Provision for Family and Dependants) Act 1975.
Attorney and deputyship disputes
We are highly experienced in claims either in lifetime or post-death relating to misuse or abuse of lasting powers of attorney (LPAs) and deputyship orders including mismanagement of the donor’s funds, acts of fraud or self-dealing (i.e. attorneys making gifts to themselves).
Trust disputes
We assist with claims relating to the establishment, management, and dissolution of trusts including will trusts. This may include disputes between beneficiaries or trustees, removal of trustees, amendment or interpretation of trust documents, or applications to the court for directions on behalf of trustees who are unclear on their obligations.
International disputes
We have extensive experience working with legal professionals across various international jurisdictions in respect of disputed probate matters. Our team is highly equipped to offer guidance on legal matters in England and Wales and provides insights on conflict of laws with our strong network of lawyers from other countries to call on if necessary.
Professional services
We can advise you on claims against professionals, such as solicitors, will writers and accountants, where documents have been incorrectly prepared, incorrect legal or tax advice has been given, or negligent administration of trusts or estates has occurred.
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Why choose B P Collins as your contested probate solicitors?
Our team is committed to resolving disputes efficiently and cost effectively, whilst achieving the best possible outcome for our clients. We’re consistently ranked highly in legal directories such as Chambers HNW and The Legal 500, for the strength of our disputed probate practice. The firm has been named in The Times Best Law Firms from 2022-2024.
Partners Matthew Brandis and Craig Williams are mediation advocates and accredited mediators of the Centre for Effective Dispute Resolution (CEDR), as well as being members of the Association of Contentious Trust and Probate Specialists (ACTAPS).
Contact our contested probate solicitors today
For further information or advice please contact our contested probate lawyers, who are based in London, Ickenham, Thame and Gerrards Cross, on 01753 889995 or enquiries@bpcollins.co.uk.
