Probate is a legal process that occurs after someone dies. It involves proving in court that a deceased person's Will is valid, identifying and inventorying the deceased person's property, having the property appraised, paying off debts and taxes, and distributing the remaining property as the Will (or state law, if there's no will) directs. Probate is generally necessary when the deceased person owned assets in their name only.

The length of the probate process can vary significantly depending on the complexity of the estate, the efficiency of the executor, and whether there are any disputes. On average, in the UK, the probate process can take between 6 to 9 months to complete for straightforward estates. Complex estates, particularly those involving disputes (contentious probate), can take much longer, even years in some cases.

If a person dies without a valid Will, they are said to have died 'intestate'. In such cases, the distribution of their estate is governed by specific intestacy laws. In the UK, the rules of intestacy state that only married or civil partners and some close relatives can inherit under these rules. The amount they can inherit depends on the value of the estate and their relationship with the person who died.

Contentious probate refers to any dispute relating to the administration of a deceased person's estate. This can include disputes over the validity of a Will, the interpretation of its terms, or disagreements between beneficiaries or with executors. Common reasons for such disputes include suspicions of undue influence or fraud, allegations of mental incapacity at the time the deceased made the Will, or claims from dependents who were left out of the Will or who think they should have received more.Item description

Contesting a Will typically involves legal proceedings. To do so, you must have a valid reason (grounds) such as: the will was not properly executed; the deceased lacked mental capacity when they made the will; the deceased was unduly influenced or coerced into making the will; or the will is a forgery. A solicitor can provide advice tailored to your situation. It's important to act promptly if you wish to contest a Will, as there are time limits on making a claim. Challenges to probate proceedings can also be made if you believe the executor is not administering the estate correctly.