Contentious probate matters usually involve family disputes over a will or trust – but may also involve disputes with executors, trustees or a Personal Representative.
Social changes involving more extended families, and an ageing population may be fuelling the number of contentious probate matters – but often a dispute occurs when a family member dies intestate (without having made a will) or the will bequeaths the estate to a party who is not a family member (e.g. a charity or carer) and denies families what they feel is their rightful inheritance.
Inheritance in England and Wales is covered by the Inheritance (Provision for Family and Dependants) Act 1975. The Civil Partnership Act 2004 also covers who can claim from an estate in contentious probate disputes.
Under the Inheritance Act 1975, an individual can claim to become the beneficiary of a will (e.g. if a parent has excluded a child from their will) – or can claim a greater share of an estate.
Those who are entitled to make a claim under the Act include:
- Spouse/civil partner of deceased
- Former spouse/civil partner of deceased who has not remarried or formed another civil partnership
- Any child of the deceased
- Any individual treated by the deceased as a child of the family in relation to a marriage or civil partnership
- Any individual who immediately prior to the death of the deceased was maintained – either wholly or partly – by the deceased.
Disputes over inheritance and a family member’s or partner’s will may appear to be relatively minor – but contentious probate matters, if not dealt with effectively at any early stage, can soon escalate and prove costly, reducing greatly the value an estate because of legal fees.
Kingsville Law’ probate litigation solicitors can advise at any stage of a contentious probate matter – and Kingsville Law has a highly successful family law department specialising in wills and trusts and Court of Protection matters in cases where a family member lacks testamentary capacity.
Detailed information and a witness statement are needed in any claim under the Inheritance (Provision for Family and Dependants) Act 1975 – and an application under the Act must be made within six months of probate/letters of administration being granted. An application cannot be made once a claimant has died him or herself – and they must be alive when a claim is decided.
Many contentious probates disputes rest on what the law calls “reasonable financial provision” – but Kingsville Law can also advise on property matters, allegations of fraud and undue influence, disputed Power of Attorney drafting errors in wills and professional negligence in contentious probate cases.
Funding is privately based and charged on our private fee scheme as below:
Hourly rates
Our charges are either hourly rated or fixed fee where applicable. You will be advised at the commencement of your instruction if your matter is suitable for or will be chargeable on fixed fee.
We are Value added Tax registered legal service provider. Our VAT Registration number is 317195108. Our hourly rates set out below are net of VAT. This mean Value added tax is chargeable at the current rate of 20% for the total fee chargeable. We review our hourly rates each year on 1st November to consider increases in costs. We will notify you in writing if the rates you are being charged are increased and the date from which the increases will apply.
We will charge you £265.00 for each hour spent on your matter by [Gafar Gbadamosi or equivalent person responsible for the case].
Where others are required to assist with your matter, we will charge you the following hourly rates for their work:
| Grade | Description | Hourly rate |
| 1 | Solicitors with over 8 years’ post-qualification experience | £265.00 |
| 2 | Solicitors and legal executives with over 4 years’ post-qualification experience | £240.00 |
| 3 | Solicitors of less than 4 years’ post-qualification experience, legal executives and fee earners of equivalent experience | £220.00 |
| 4 | Trainees, paralegals and fee earners of equivalent experience | £200.00 |
All routine correspondence which we write will be charged at 1/10th of the hourly rate, while routine correspondence we receive will be charged at 1/20th of the hourly rate.
All routine telephone calls, either made or received, will be charged at 1/10th of the hourly rate.
More complicated correspondence and telephone calls will be charged at the hourly rate for the actual time they take.
Disbursement Charges
Additional charges may be payable for Disbursement. This are charged at the rate of the Home Office prescribed fee chargeable. This amount payable depends on the category of relevant application being submitted on your behalf including the National Health Service surcharge for your age group (either adult or child) and Biometric Centre (external agent) charges. There may be separate charges payable if you are appealing the Home Office decision. Please enquire within.
Other expenses
There may also be other expenses which we need to pay on your behalf. These can include:
- court fees.
- fees for expert reports.
- barristers’ fees.
These will be listed separately on your bill, and you may be charged VAT in relation to these expenses too.
For expert legal advice and assistance on Contentious Probate Disputes, call Kingsville Law Probate Litigation Solicitors on 02083171477.