Contentious probate is one of several terms used to describe disputes around the contents of a Will. Inheritance disputes, Will disputes, contested probate and probate litigation are other frequently used terms. When you need contentious probate solicitors, our team at Fraser Dawbarns are here to help.

There can be many different circumstances in which inheritance disputes can arise and you might need the advice of contentious probate solicitors. Some of the most common are:

• A person who was expecting to be included as a beneficiary in a Will based on something they had been told by the testator during their lifetime has been omitted altogether
• Someone who was in some way dependent on the person who has died and was not provided for in the Will
• The testator changed their Will very shortly before their death without telling people who were named as beneficiaries in a previous Will and who are no longer included in the new Will.

At Fraser Dawbarns, our specialist contentious probate solicitors can advise you as to whether you may have a valid challenge to someone’s Will. Probate litigation is not something that many people wish to begin but sometimes seeking the help of contested probate solicitors is the only way to resolve a situation.

Inheritance disputes often centre around what family members believe the person who has died intended, but which was not reflected in their most recent Will, and the sums of money involved can be relatively modest. Sometimes, however, the cause of a contested probate will be that the person making the Will deliberately omitted someone who in fact did have a right to be provided for.

Contact our contentious probate specialists in Norfolk and Cambridgeshire

To discuss your individual circumstances with our specialist contentious probate lawyers, please get in touch. You can contact your local office in Kings Lynn, Ely, Wisbech, March or Downham Market

Alternatively, just complete the enquiry form at the bottom of the contact page, and a lawyer will be in touch.

Why choose Fraser Dawbarns to help you with a contested probate or Will dispute matter?

Our team includes lawyers who have the specialist Association of Contentious Trust and Probate Specialists (ACTAPS) qualification as well as having experience in helping other people in King’s Lynn, Wisbech, Downham Market, Ely, March and the surrounding areas to resolve their Will disputes.

We believe that legal support should be straightforward and accessible. We offer clear, jargon-free guidance, helping you to understand your legal position and what may be achievable.

Our contentious probate services

Challenging a Will on the basis that it is invalid or fraudulent

In order to be valid, a Will needs to have been signed in the presence of two witnesses, neither of whom can be beneficiaries under the terms of the Will. All too often the witnessing process is not carried out properly where people have used a do-it-yourself Will form rather than using a solicitor to prepare their Will professionally.

As well as being open to challenge for being invalid, sometimes a Will dispute can arise because the Will is believed to be fraudulent, either because the whole document or the signature of the testator has been forged. Contentious probate solicitors will be able to talk you through your options if you feel that probate litigation may be needed to correct the position.

Will disputes arising from broken promises

This reason to challenge a Will relates to someone being promised a certain inheritance in return for doing something for the testator while they are alive, and then the Will not reflecting this. An example could be a child working to support a family business over a prolonged period on the understanding that they would inherit it in due course but in the Will the business is then shared equally between all family members. This could be seen as an ‘unfulfilled promise’ and be appropriate grounds for a successful challenge to be brought.

If you believe you have a reason to dispute a Will on the grounds of broken promises, please get in touch with our contested probate team at Fraser Dawbarns.

Challenging a Will if there may have been undue influence

The purpose of making a Will is to ensure that the person making it can say what they want to happen to their assets when they die. If there is evidence that other people have put pressure on the testator to include particular clauses or bequests, it may open to challenge. The contentious probate lawyers at Fraser Dawbarns will be able to advise you on this.

Disputing a Will if the testator lacked capacity

For a Will to be valid, the person making the Will has to have had the mental capacity to understand the significance of what they are doing and its impact on the estate they will leave behind. Sometimes, Will disputes are based on the fact that the testator lacked what is known as ‘testamentary capacity’. This means that the person making the Will lacked the necessary clarity of thought to understand the significance of what they were doing.

If you would like individual advice in relation to challenging a Will where you believe the testator may have lacked capacity, please contact our specialist contentious probate lawyers.

Inheritance disputes based on financial dependency

If someone was financially dependent on the person who died at the time of their death, they may be able to contest the Will if it does not make ‘adequate provision’ for them. This is traditionally one of the largest single factors for challenging a Will.

The challenge is brought under the Inheritance (Provision for Family and Dependants) Act 1975. In the same way, if a close relation feels they have been omitted from the Will without a clear reason, even if they aren’t financially reliant on the deceased, they may still have grounds to contest the Will.

Supporting those defending as well as bringing contested probate claims

While the majority of our contentious probate specialists’ work relates to helping people to challenge a Will, we are also able to help defend such challenges.

If you are an executor or a beneficiary of a Will that is being challenged by someone else, please contact our contentious probate specialists in Norfolk or Cambridgeshire for individual advice.

Prevention is better than cure – get the right advice on Wills at the outset

Our contentious probate lawyers always make the point that it is generally far more cost-effective to ensure that your Will is watertight and not open to challenge in the first place than to leave anything to chance.

At Fraser Dawbarns we have a strong team of solicitors across our offices in in Kings Lynn, Ely, Wisbech, March or Downham Market helping to prepare Wills for people of all ages.