What is contentious probate and what does it mean to me?

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Contentious Probate claims are one of the biggest areas of litigation and put simply, are claims challenging the validity of a will when the testator passes away and in some cases, the distribution of the assets in the testator’s estate.

 

The effect of a contested probate claim on beneficiaries and executors cannot be underestimated and can be brought on many grounds, including:

 

-          a failure to comply with the Golden Rule.  This is the duty on the person who drafted the will to check the testator’s capacity to ensure the will is valid;

-          delays in the preparation of the will to the detriment of the testator and /or beneficiaries;

-          undue influence on a testator by a party benefiting from the will;

-          failure to validly execute the will.

 

It is never easy to make the decision to challenge a deceased’s will; however it is important for those considering the same to obtain advice to protect their position in respect of pursuing a potential claim.

 

If you are in a position where you are unsure whether you are able to challenge a deceased’s will, contact us for a no obligation discussion on 0800 999 8880.

Frances Jacobs is one of our Solicitors in Leicester, who are all experts in their fields and dedicated to quality client care. If you would like to find out more about our solicitors in Leicester please contact us.

 

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