Contested Probate

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Contested Probate Solicitors

At Butcher & Barlow, we understand that losing a loved one is difficult, both emotionally and practically, and even more so if a problem arises in regards to their estate. With branches across the North West, we offer a personal and attentive service at the times you need us most.

Disputes can arise for a number of reasons with a deceased’s estate, from suspicious circumstances to a Will’s content or timing. An individual could be financially dependent upon the deceased and not provided for under the terms of the Will or under the intestacy rules when no valid Will exists. Disputes may also arise between beneficiaries and the executors of the estate.

Whether you are an Executor or a Beneficiary, our team will help and guide you with compassion and professionalism. Our Contested Probate Team will listen, taking time to learn about your situation and desired outcome, and guide you through any such disputes. We aim to get to know you and your objectives so that we can provide detailed, common-sense legal advice as well as practical assistance, tailored to your situation and needs.

We take a pragmatic approach and aim to reach a resolution with the least amount of stress or anxiety, and in the most cost efficient way. We will always explore with you all other options before incurring the cost of court proceedings.

Our team is on hand to support you and your family in resolving any dispute relating to a deceased’s estate. If you would like to arrange a free, no obligation appointment, to discuss your requirements, whether by video, telephone of in person, please get in touch with any member of our team. Alternatively, complete our Enquiry form and we will call you back as soon as possible.

How can we help you?

Contesting a Will:

A Will, or its Codicil, may be challenged because you suspect it does not reflect the true intentions of the Testator, the validity of the Will, or the interpretation of a clause may be in question. Whether you are looking to challenge the Will or are an Executor, our team will advise and guide you through what will undoubtedly be a sensitive situation.

Inheritance Act Claims:

Although generally a testator is free to leave their estate to whomever they wish, there are certain people who are able to make a claim against an estate if they do not feel that they have been adequately provided for. Further information on such claims can be found in our downloadable guides.

Disputes with Executors:

As a co-Executor or a beneficiary, you may feel there has been improper conduct by one of the other Executors, for example they have taken advantage of their role, or failed to act in the best interest of the estate. Administering an estate can be emotive and any disputes need to be dealt with before they escalate too far. Simply taking advice from a professional with plenty of experience in these situations may be enough to resolve the dispute, but if not we will try to help you reach a negotiated settlement before exploring the last resort of court proceedings.

Claims to Remove Executors:

When a person is preparing their Will, they will appoint somebody who they consider can be trusted to administer the estate appropriately and in a timely manner. Unfortunately, a bad choice may have been made and the beneficiaries may need to consider applying to remove the executor. You can find out more about removing an executor in our downloadable guides.

Disputes Concerning Inheritance of Farms:

In the case of family farms, promises are often made by parents to children as to who will inherit the Farm and the business, which are not reflected in any written Will. Although we would always recommend advice is taken in regards to succession planning with a valid and legal Will in place, if this has not been done, there may be recourse for those who have been promised through a claim for Propriety Estoppel, which our team can advise you on.

Helpful Downloads

Contested Probate

Contested Probate

Removing an Executor

Download

Contested Probate

Contesting a Will

Download

Contested Probate

Claims under Inheritance Act 1975

Download

Contested Probate

Capacity and Undue Influence

Download

Get in touch now to see how we can help.

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Samuel Dale

Partner

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Greg Porter

Partner

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Thomas Sedley

Associate

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Inheritance & Estate Disputes Team

Our people are what makes Butcher & Barlow what it is. Each one of our team is committed to building a solid, long-lasting working relationship with our clients across Bury, Manchester and Cheshire.

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Contested Probate Insights

29th Apr 2021
By Samuel Dale,

What our clients say about our Contested Probate Service

I had an initial call with Thomas Sedley and felt comfortable with him immediately. He clearly explained what steps he would take to get the caveat on my probate application removed and was transparent about estimated costs. He was also very professional, personable and empathetic, which made the decision to instruct him even easier. I was impressed with his prompt action and after only a couple of succinct and effective emails to the person who lodged the caveat, it was withdrawn. This was a huge relief as I anticipated the dispute would drag on for many more months. I highly recommend Thomas for dispute resolution and I would be happy to use Butcher & Barlow again when I need further legal help. Thank you!

Samuel Dale is very efficient and professional.

A friendly atmosphere and we were made to feel at ease.

I have had several dealings with Butcher & Barlow and they have always been excellent. The Firm is local to me and has an excellent reputation, which is why I originally chose to engage them. The Solicitors’ and support staff who I have had contact with are all friendly and knowledgeable and do an excellent job of representing the Firm’s values.

Samuel Dale is very smart with a good understanding of complexities.

Greg Porter is extremely knowledgeable and always willing to strive for the client. Excellent legal analysis combined with a realistic and strong tactical approach. Brilliant client rapport.

This is a very strong and knowledgeable team. That knowledge extends not just to the law, but also to strategic decision making and client care. In every case they strive to identify the correct approach to achieve the desired goals and regularly wrong-foot the other side due to a superior tactical approach.

Excellent communication and proper delegation through the team to make costs reasonable and proportionate in an area of law which can soon see costs run away from themselves. Great links between the contentious and non-contentious teams whilst again managing costs, but providing a first rate service.

Anthony Higham has a strong immediate grip both of a case and what can be achieved.

Sam Dale is professional and extremely knowledgeable with a friendly personality. He responded very quickly to any correspondence and offered a five star service. Sam explained everything in a way that we could fully understand and was extremely sensitive to the situation we were in. I would highly recommend Sam to anyone.