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Contested Probate

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.

How can we help you?

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.

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.

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.

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.

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.

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.

Helpful Downloads

Contested Probate

Removing an Executor

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Contested Probate

Contesting a Will

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Contested Probate

Claims under Inheritance Act 1975

Download

Contested Probate

Capacity and Undue Influence

Download
Sam Dale

Samuel Dale

Partner

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Greg Porter

Partner

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Catherine Gregson

Solicitor

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Meet the
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.

Contested Probate Insights

Contesting a Will

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What our clients say about our Contested Probate Service

I contacted Butcher & Barlow for advice during a really distressing time. My initial phone conversation with the receptionist was professional and very helpful. Samuel Dale took charge of my affairs and proved to be a real lifeline. He was very professional with his advice and explained the reasons for his actions clearly and precisely. He kept me up to date every step of the way and always responded to my telephone calls. He copied me in on all correspondence. Samuel’s secretary Jennifer Brown also made sure I was kept informed and made sure any messages were received and acted upon. Butcher & Barlow, and in particular Samuel Dale made sure I had the professional advice and support to enable me to take control of an extremely distressing situation and I would highly recommend them and will certainly use them again should the need arise.

Jane Scott

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