Frequently Asked Questions About Disputes

Being involved in a dispute of any kind can be extremely stressful. If you’ve found yourself in this situation, you’re likely to have a lot of uncertainties. We’ve put together a selection of frequently asked questions as a starting point to help resolve these.

If we can help with any further questions, please don’t hesitate to get in touch. Our experienced dispute solicitors are always on hand to offer support.

What does contentious probate mean?

Contentious probate is a legal term that refers to situations where there is a dispute during the process of administering an estate and applying for probate. It is also sometimes referred to as ‘contested probate.’

What’s the difference between challenging a Will and an inheritance dispute?

Challenging a Will refers to taking legal action against a Will that is no longer valid for some reason. An inheritance dispute is when an individual believes that a Will has treated them unfairly and that they have a specific right to some of the assets from an estate. These issues are explained fully in our ebooks Challenging a Will and Inheritance Disputes.

Is there anything you can do about a Will that is unfair?

It can be very distressing if you believe you have been treated unfairly in a Will. You may be able to address this legally if you believe the Will is invalid or if you are able to claim under the Inheritance Act 1975. Unfortunately, if the Will is valid and the Inheritance Act doesn’t apply to you, you will not be able to do anything about a Will, even if you believe it is morally wrong.

How long does it take to challenge a Will or make an inheritance claim?

Challenging a Will or making an inheritance claim are not quick processes. The length of time it takes will vary on the situation and whether the case goes all the way to court. You should expect matters like these to take a year or more to resolve.

Can anyone challenge a Will or make an inheritance claim?

You will only be entitled to challenge a Will if you are personally mentioned in the Will, if you were mentioned in a previous Will made by the person who has died or if you are a close family member. If you don’t fit into these categories, you will not be able to challenge a Will, even if you know it is invalid.

If you are considering making an inheritance claim, you will only be able to do so if your situation meets very specific criteria. Usually, this legal avenue is only open to family members,individuals who had previously been supported financially by the person who has died, or individuals who had been explicitly promised an inheritance and had made a significant sacrifice as a result.

Is there a time limit to challenge a Will or make an inheritance claim?

There is no set time limit to challenge a Will you believe is invalid, though we’d always recommend starting the process as early as possible. It is still possible to challenge a Will when the estate has already been distributed, though the process will be more complicated.

If you are making an Inheritance Act claim, you will need to start this process within six months of the date on the grant of representation.

Can you do anything about an executor who isn’t doing their job properly?

If you believe an executor isn’t doing their job properly, or if you disagree with how they are distributing an estate, the best thing to do is speak to a specialist solicitor right away. They will be able to assess what rights you have in the situation, and if it might be possible to request that the executor is removed from the Will altogether.

How do you start the process of dealing with a Court of Protection dispute?

If you are involved in a dispute that requires involvement with the Court of Protection, it is likely that the situation is reasonably time sensitive. You will need to contact a specialist solicitor for advice as soon as possible. Your solicitor will assess the situation and help you gather all the information needed to begin the process.

Can you do anything about a deputy that isn’t doing their job properly?

If you believe that a deputy for a vulnerable person is not acting in that person’s best interests, you may be able to report a concern to the Court of Protection. In these cases, the Court of Protection will consider the evidence and decide whether a different deputy should be appointed in their place.

Disputes Charges

For much of the work we undertake here at Roche Legal, we can offer a fixed fee. For non-fixed fee work, we charge based on our time spent on your matter in accordance with our hourly rates applicable at the time.

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Get the legal advice you need

Dealing with legal issues can be confusing and stressful. We understand this, and we’re always on hand to untangle jargon and offer support.

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