Administering the estate of someone who has died is a big responsibility and, unfortunately, there are often disagreements over how that process should be handled.
These disagreements can take many forms, including questions over whether the right Will is being used, whether the Will is fair, or whether the Executor responsible for administering the estate is discharging their duties properly.
If you have concerns about how probate is being handled for a loved one’s estate, or are the Executor of an estate facing a challenge over the probate process, you need expert legal assistance as soon as possible.
HPJV’s highly experienced contentious probate solicitors in Newport can guide you through all types of probate dispute with complete confidence. We have the skills and expertise to unpick even the most complex issues, helping to achieve a positive outcome without the need for court action in most cases.
So, whether you need help challenging probate, or are an Executor looking for advice on how to deal with a challenge and meet your legal responsibilities and duty to the deceased, please get in touch for a free consultation.
Speak to one of our expert contentious probate solicitors in Newport today by calling 01633 242 526 or use the contact form on the right to ask a question.
How we can help you with contentious probate
Our contentious probate lawyers support people with all types of conflicts related to probate and inheritance in Newport and across South East Wales.
We can assist you with disputes over issues such as:
- Lack of provision for dependants of the deceased
- Disputes between beneficiaries of a Will and the Executor
- Questions over the conduct of an Executor
- Removal of an Executor
- Promises made by the deceased not contained in their Will
- Questions over the validity of the Will being used
Common questions about probate disputes
Can you stop probate?
You can stop a probate application by entering a ‘caveat’. This stops probate from being granted for 6 months, meaning that nobody can gain control of the deceased’s estate or distribute the estate’s assets until those 6 months are up or the caveat is withdrawn. You can renew that caveat for another 6 months when it is due to expire, potentially allowing probate to be delayed indefinitely.
To enter a caveat, you will need to fill in an application form (usually with the help of a solicitor) and submit this to the relevant Probate Registry.
How long can an Executor take to settle an estate?
There is no set time limit for an Executor to deal with the administration of an estate. As a general rule, it will typically take around 9-12 months for the probate process to be completed and all bequests made. However, for more complex or high value estates, it can take significantly longer.
The only strict time limit is that, if Inheritance Tax is due on the estate, the relevant tax form must be submitted to HMRC and full payment of the tax due within 6 months of the deceased’s date of death.
What is the best way to solve a probate dispute?
Disputes over inheritance are often tied up with a lot of other conflicts between the family and loved ones of the deceased. As a result, probate disputes can become very heated with a lot of emotional fallout, if they are not handled correctly.
It is usually in everyone’s best interests to resolve the dispute as quickly and cost-effectively as possible, so court proceedings are normally to be avoided if at all possible.
In most cases, our solicitors can resolve probate disputes using negotiation, mediation and other non-confrontational approaches, allowing you to reach an amicable agreement over how to move forward.
This is usually a lot faster and less expensive than court action and also allows you to keep control of the process, rather than leaving the final decision in the hands of a court.
Our expertise in dealing with contentious probate
Our probate lawyers in Newport are highly experienced in resolving disputes over the way a deceased person’s estate is handled. We regularly advise Executors, beneficiaries and people who believe they should benefit from an estate but who have not been named in the Will.
We focus on removing unnecessary conflict from probate disputes, preferring to use alternative dispute resolution wherever possible. This not only saves everyone involved time and money, it also tends to limit any negative impact on the relationships between family members and others close to the deceased.
However, where court action is required, we can ensure you have the very best representation so that your interests are protected and you can achieve a fair outcome.
HPJV Solicitors is Lexcel accredited by the Law Society for the strength of our practice management and client care. We are independently regulated by the Solicitors Regulation Authority (SRA).
Speak to our contentious probate solicitors in Newport today
If you need advice with regards to probate disputes but you aren’t sure what to do, let us give you the answers. Contact us today for an informal, no-obligation, chat or to arrange a Free First Consultation.
For more information or to speak to one of our contentious probate experts please call us on: 01633 242 526