I Want to Dispute Probate
There are many reasons why you might want to dispute probate on a loved one’s Estate. Perhaps there is a dispute as to whether a will actually exists, you feel that the contents of the will are suspicious and you doubt its validity or whether the deceased was of sound mind when they prepared it. More commonly, you may feel that the executors are not distributing the assets in the manner laid out in the will itself.
Most disputes arise when no will had in fact been prepared and the Estate is to be distributed according to English intestacy laws, which could mean that although you feel you would normally have benefited from a will, you will in actual fact, receive nothing under these laws.
Whatever the case for your dispute, remember that there is a strict time limit in which you are permitted to raise your concerns.
To delay probate proceedings you must enter into a caveat with the Probate Registry. This means that the executor or administrator of the Estate is unable to apply for a Grant of Representation, effectively halting the process for up to six months. If your dispute lasts for longer, you can apply for another caveat, for another six months.
If no resolution can be reached, this may mean that you need to take your case to court. This is not advised if the value of the Estate is under £50,000 as the entire sum can be easily swallowed up by court fees.
To avoid reaching this stage, it is advisable to seek the advice of a probate professional as soon as possible.