At the present time, there is greater wealth among a larger number of persons than among earlier generations and many people are living longer than their ancestors.  Accordingly, the expectations of those who consider themselves entitled to inherit this wealth on the death of parents and other relations are heightened.  The disappointment of such expectations can lead that party to seek the assistance of the Court in setting aside the last expression of wishes of the deceased.  This is how a contentious probate claim arises.

Contentious Probate may involve an attempt obtain a declaration that the provisions of a Will may be invalid on the basis that the deceased did not have sufficient mental capacity at the relevant time or that the Will was not executed in accordance with the strict formalities.  There may also be issues of undue influence, fraud or forgery.

In addition to these issues which frequently arise, Contentious Probate claims also include applications to the Courts under the principles of the Inheritance (Provision for Family & Dependants) Act 1975.  This legislation entitles certain classes of people – normally relatives or persons financially dependant upon the deceased – to bring a claim that the deceased did not make reasonable financial provision for him or her.

The Contentious Probate team represents clients in disputes concerning probate and Inheritance Act matters on a day to day basis.

In 2005, Simon Thomas was appointed a full member of the Association of Contentious Trust & Probate Specialists (ACTAPS), one of only four in Wales.  He represented a client in a ground-breaking Inheritance Act case which has since be reported in the Wills & Trusts Law Reports.  The case confirmed for the first time that, under the principles of the Human Rights Act, a same sex partner of a deceased could bring a claim under the principles of the 1975 Act.

The team also engages, when appropriate, some of the UK’s leading specialist barristers on these cases to ensure that clients receive the best quality advice and representation available.