The advantages of using a specialist contentious probate solicitor.
Solicitor Kara Shaw looks at why you should use a specialist contentious probate solicitor to handle your dispute, and considers the benefits of instructing a practitioner who belongs to the Contentious Trusts Association.
What is a contentious probate solicitor?
A contentious probate solicitor specialises in disputes relating to wills, trusts, estates and inheritance.
Unlike non-contentious probate, which concerns the administration of an estate after someone has died, contentious probate involves disagreements between beneficiaries, executors, trustees, family members, or other interested parties.
Contentious probate disputes can be legally complex and emotionally challenging, often involving long-standing family relationships, substantial assets, and sensitive personal circumstances.
Should I use a specialist solicitor?
Instructing a specialist contentious probate solicitor ensures that your case is handled by a lawyer with relevant experience and an in-depth knowledge of this niche area of law. In particular, a genuine specialist is likely to have:
- Up-to-date legal knowledge – Specialists stay informed of the latest developments in case law, legislation, and court procedures, ensuring that advice is accurate and current.
- Strategic case management experience – A specialist solicitor will be able to identify the strengths and weaknesses of a case early on, helping clients pursue the most effective strategy.
- Procedural efficiency – Contentious probate claims often involve complex procedural requirements and strict deadlines. A specialist will understand the relevant processes and help avoid costly mistakes.
- Mediation expertise – Many inheritance disputes can be resolved through negotiation or mediation rather than litigation. A specialist solicitor can help achieve a practical and cost-effective settlement.
How do I identify a genuine specialist contentious probate solicitor?
Not all solicitors who deal with contentious probate are specialists. Here are some questions you can ask the solicitor to find out whether they are a genuine specialist:
- Do you belong to a specialist organisation, such as ACTAPS and the Contentious Trusts Association (ConTrA)?
- Do you work exclusively in the field of contentious probate?
- Are you part of a dedicated contentious probate department?
- Do you have experience of handling a wide range of disputes, including will challenges, Inheritance Act claims, trust disputes, and executor disputes?
- Do you have a proven track record of resolving contentious probate claims through negotiation, mediation, and court proceedings where necessary?
- Do you have a regular involvement in specialist training and professional development to stay up to date with legal developments?
- Have you published legal articles in the field of contentious trusts and probate?
The solicitors in our specialist contentious probate department tick all these boxes.
What is the Contentious Trusts Association?
The Contentious Trusts Association (ConTrA) is a specialist professional association for legal executives, solicitors, and barristers who practise in the field of contentious trusts and probate.
Its members focus on resolving disputes relating to wills, trusts, estates, and inheritance. ConTrA practitioners are committed to maintaining a high standard of expertise through continuing professional development, specialist training, and collaboration with other experienced practitioners working in this highly specialised area of law.
For clients involved in an inheritance dispute, membership of ConTrA provides reassurance that their legal adviser has a particular interest and expertise in contentious probate and trust litigation.
What types of dispute does a ConTrA practitioner handle?
ConTrA members regularly advise on a wide range of contentious trusts and probate matters, including:
- Challenges to the validity of a will
- Claims involving lack of testamentary capacity
- Allegations of undue influence or fraud
- Disputes concerning the interpretation of wills
- Executor and trustee disputes
- Trust disputes
- Claims under the Inheritance (Provision for Family and Dependants) Act 1975
- Estate administration disputes
- Proprietary estoppel claims
- TOLATA cases
- Disputes involving lifetime gifts and transfers of assets
Why instruct a ConTrA practitioner?
Contentious probate matters are often not only legally complex but emotionally challenging. Instructing a ConTrA member ensures that your dispute is handled by a specialist legal professional who is highly attuned to the unique, sensitive nature and often highly technical area of law.
ConTrA members are up to date with the latest developments in contentious probate through specialist training and educational events. Members also benefit from the opportunity to collaborate with other experienced practitioners specialising in contentious probate. This means that members are able to deliver expert advice in accordance with the latest legal developments.
Working with a member of ConTrA affords your case procedural efficiency. A specialist practitioner will have extensive experience of the procedures involved in contentious trusts and probate claims, including court proceedings and alternative despite resolution. Their experience will enable them to identify the appropriate strategy for your individual circumstances, helping to resolve your dispute with efficiency and as cost-effectively as possible.
When dealing with a dispute over a will, trust or estate, choosing a ConTrA member will provide you with the reassurance that your matter is being handled by a legal professional with expert knowledge and a commitment to excellence in this specialist area of law.
ConTrA practitioners are also experienced in mediation, negotiation, and other forms of alternative dispute resolution, which can often provide a faster and more cost-effective route to settlement.
ConTrA Members at Slee Blackwell Solicitors
Several members of the Slee Blackwell contentious probate team are members of ConTrA. including:
• Kara Shaw
• Anya Hoyland
• Sabrina Morey
• Hannah Coton-Smith
• Bronte Pettifer
We also have lawyers who belong to ACTAPS: Naomi Ireson, Chris Holten and Hayley Bundey.
Book a free consultation with a specialist contentious probate solicitor
For expert guidance on your case, contact a member of our team of SRA regulated solicitors for a free consultation and details of the funding options available, including No Win, No Fee.
