TOUGH MOMENTS
MADE EASIER

CONTENTIOUS WILLS AND PROBATE

Contentious wills and probate cases are becoming more common. The dramatic rise in the property prices over the past 20 years has led to more people leaving behind substantial estates.

Our contentious wills and probate team at Hodders Solicitors have many years of experience advising clients how best to handle disputes that arise. Where possible, Angela and her team recommend the use of alternative dispute resolution methods such as mediation to resolve contentious Wills and probate matters, to encourage early settlement.

Managing your documents

Understanding both sides’ motivations

Whether you wish to contest a Will or are defending against a challenge, you can be confident that we are results-focused, understanding not just what you wish to achieve financially but personally too. At Hodders Law, we understand how emotionally charged the process of contesting a Will is. We take great care to provide highly practical advice in a sensitive manner. Our team has experience in acting for both sides in matters involving contested Wills and probate, which provides a deep understanding of each sides’ financial and personal motivations. This is
one of the reasons why we have a strong track record of settling contentious Wills and probate disputes early, saving clients time, stress and money.

Experts in the sector

Challenging a Will is notoriously difficult; UK courts traditionally hold the view that clients should be able to leave their estate to whomever they see fit. Nevertheless, claims have increased significantly in recent years and the contentious wills and probate team at Hodders Solicitors are at the forefront of this area of law. The process of challenging or defending to a Will can be intensely personal. We push for early settlement using robust negotiating tactics based on a pre-agreed strategy. We pride ourselves on our collaborative, innovative culture and will swiftly engage the services of other departments, such as property and commercial, when required. Our clients enjoy the confidence of knowing they are in a safe pair of hands.

WHY CHOOSE US?

Experienced

Hodders solicitors have been in the business for over 150 years and has gained over the years experience and expertise.

Guidance

Leading you in the right direction with 100% transparency to achieve your goals with peace of mind.​

Timing

Keeping you up to date about your matter. You shouldn’t need to chase us to find out what is happening.

Professional

Providing clear information on fees so that you have control of your costs right from the start. 

OUR PROCESS

Listening client
01

We always listen our clients and their needs to understand what we can do with them during our process and make things easy.

Define your goals
02

What is the purpose of your goal? Why was it created? How can we maximise the outcome?

Action plan
03

Planning helps us prepare for the obstacles ahead and keeps us on track. And with an effective action plan, we can boost productivity and keep the focus on your goals.

Execution
04

Ideas are yesterday, execution is today and excellence will see you the following day.

Ideas are yesterday, execution is today and excellence will see you the following day.

Listening client

01

We always listen our clients and their needs to understand what we can do with them during our process and make things easy.

Action plan

03

Planning helps us prepare for the obstacles ahead and keeps us on track. And with an effective action plan, we can boost productivity and keep the focus on your goals.

02

Define your goals

What is the purpose of your goal? Why was it created? How can we maximise the outcome?

04

Execution

Ideas are yesterday, execution is today and excellence will see you the following day.

A will or testament is a legal document that expresses a person’s wishes as to how their property is to be distributed after their death and as to which person is to manage the property until its final distribution. The person names to deal with the deceased property is known as an executor.

An executor’s appointment in the Will begins at the date of death. The appointment is not however confirmed until the Probate Registry issues a grant of probate authorising the executors to collect in assets and pay debts,

Executors have legal authority to make decisions and deal with many aspects of the estate immediately. The role of an executor is an important, lifelong position, with rights, responsibilities and potential financial consequences if things go wrong. If any claims come up in the future from the estate, it will be up to the original executors to sort them out. If you are an executor appointed in a Will, you may be uncertain about taking on the role, our experienced team at Hodders can advise and help you if you are in any doubts. If you still do not wish to take the role, the deceased person’s (other) family members and Probate Registry should be informed. Please note; you may not be able to ‘renounce’ probate (step down from being an executor) if you have done anything which indicates that you have accepted the role so contact your probate practitioner as soon as possible.

If there is no Will, the situation is a little more complex. The Probate Registry will have to grant what is know as a Letter of Administration before any decisions on the estate can be taken. The grant of letters of administration appoints the administrators and authorises them to collect in the assets and pay debts. The grant cannot be applied for until the estate has been properly valued and any tax paid and there is nobody officially in charge until that point. Accordingly it can be more complex, time consuming and expensive than the position where the deceased person left a Will. Administrators are effectively governed by the intestacy rules. These rules establish the person or people entitled to take out the grant and who will inherit the estate. The complex rules can be explained in more details by Hodders Solicitor’s expert probate team. In many cases it will be the deceased person’s surviving spouse or civil partner and/or their children who are able to apply to be administrators.

READY TO TALK?

 
 

Get the result you’ve been looking for under one roof, with our approachable and professional team that leaves no person behind.