When probate disputes arise, it is an emotionally exhausting experience, but the worry about funding litigation can also cause anxiety. That’s why, before you consider making a claim it is important to be advised on the merits of your intended claim. Here at Van Eaton Solicitors, we offer a no-cost initial consultation to discuss the way forward and to consider the potential for a claim. Our probate solicitors in London can help you gather the appropriate evidence needed for your case. We will always work at looking towards alternative dispute resolution/mediation and negotiation to make sure your case does not end up in Court if at all avoidable. We understand how lengthy and expensive inheritance disputes and probate processes can be. Therefore, we always aim to have your case resolved as soon as possible; which is helpful during such a difficult time.
Why Would Someone Start a Probate Dispute?
Before looking at costs, it’s important to note that every probate case is different. Some can be handled quickly, other more complex cases could take a while; especially if the opposing party is being particularly difficult. Inheritance disputes can start for several reasons, but they all revolve around the distribution of a deceased’s estate. If someone believes a will to be invalid, for whatever reason, they can claim under the Inheritance (Provision for Family and Dependants) Act 1975.
Reasons for believing a will may be invalid may include the notion that the deceased lacked the appropriate mental capacity, that the will is fraudulent, or the deceased was under undue influence. You can read more about why someone would want to contest a will in our previous article here. If you make a claim, the burden of proof falls upon you, but an inheritance disputes solicitor can help you build your case and find the appropriate evidence needed to settle your claim.
Contentious probate can be costly, especially when looking for evidence that a will was invalid, and you wish to stop a grant of probate from being administered. Here at Van Eaton Solicitors in Streatham, we can offer professional guidance when it comes to your claim. We’ll help you gather the relevant evidence needed, all the while ensuring that costs are kept at a reasonable level and explained to you in detail in our client care letter which sets out this firm’s terms and conditions.
Settling Probate and Inheritance Disputes
Once a contentious probate claim has been issued, it can halt any hopes of a settlement. You cannot stop proceedings if you simply don’t want to continue with a claim or if an agreement has been reached. You can end the dispute by referring to Practice Direction part 57, paragraph 6.1. You can invite the court to have a trial on the written submissions alone, to discontinue the proceedings or to pronounce in favour of a particular will if all beneficiaries agree.
Commencing proceedings for contentious probate and inheritance disputes may be the best course of action for some issues, but not all. If you are determined to proceed with legal action, it’s wise to take some time to gather as much evidence as possible by Once you have completed this spadework, you can approach an inheritance disputes solicitor to draft your claim.