Probate & Contested probate

Practical advice. Steady support. Real clarity.

Probate

When someone dies, their estate needs to be collected, any debts or tax paid, and the remaining assets passed to the right people. This process is called probate.

If there is a will, the executors apply for a grant of probate. If there is no will, a close family member may need letters of administration instead.

We can help with:

  • Checking whether a grant is needed
  • Preparing and submitting the probate application
  • Contacting banks, pension providers and other organisations
  • Completing inheritance tax forms
  • Distributing the estate correctly
  • Advising executors on their duties and risks

You can ask us to handle the full administration or just the grant application.

Contested Probate

Contested (contentious) probate is when there is a dispute about a will, an estate or the way it is being handled. These issues often arise at difficult times, so we focus on clear advice and reducing conflict where possible.

Common disputes include:

  • Broken promises about inheritance decisions for your family
  • Being left out of a will or not receiving a reasonable financial provision
  • Concerns that a will is invalid
  • Disagreements between beneficiaries
  • Concerns about an executor’s behaviour or delays

Types of Claims We Deal With

Claims for reasonable financial provision

If you were financially dependent on the person who has died, you may be able to bring a claim under the Inheritance (Provision for Family and Dependants) Act 1975. There are strict time limits, so early advice is important.

Executor disputes

We advise both executors and beneficiaries where there are concerns about:

  • Delay
  • Lack of information
  • Mismanagement of estate funds
  • Disagreements between executors

Challenging a will

A will may be challenged if there are concerns about:

  • Mental capacity
  • Undue influence or pressure
  • Incorrect signing or witnessing
  • Lack of knowledge and approval
  • Fraud or forgery

Broken promises

Where someone relied on a promise about inheritance (for example, giving up work or investing money), we can advise on proprietary estoppel claims.

Speak to Our Team

If you need advice about probate or a probate dispute, please contact us for an initial conversation.

call +44 208 941 2097

For more information about our comprehensive legal services in Hampton and Isleworth, please visit our Garner & Hancock website.

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