Probate litigation can be a complicated process. Litigating a probate dispute will often require an analysis of a lot of documentation and potentially require expert evidence, but what exactly is needed?

With each case being fact-sensitive much will depend on the actual grounds for contesting the will.

For example, if the deceased lacks mental capacity when executing the will, past medical expert records or reports will inevitably be needed. Where there is no such direct evidence, employing an expert witness may make or break a case. The last 12 months have in fact seen a series of cases challenging the validity of wills based on mental capacity.

If fraud is alleged, a forensic handwriting expert is often required. Inheritance disputes regarding the value of the estate often occur, requiring surveyor’s reports.

An unsuccessful claimant in a legal case may be required to pay some or all of the other side’s costs as well as their own costs and disbursements which may include expert fees – that’s where After The Event Insurance comes in. Here at Box Legal we are able to offer after the event insurance and, if required, disbursement funding to accommodate all types of will and probate disputes, including claims relating to:

• Claims for Financial Provision
• Imperfect Drafting or Execution of Wills
• Forgery and Fraud
• Lack of Mental Capacity
• Undue Influence
• Rectification and Estoppel Claims

Our specialised WillSafe Policy is designed to provide your clients with the security they need during contentious probate cases.

If you’re a Probate Litigation Solicitor contact us for expert assistance

For more information about our WillSafe policy, including premium details, or to arrange a consultation - whether online or face-to-face, please reach out to us on:

• Phone: 0870 766 9997
• Email: info@boxlegal.co.uk

Protect your clients’ interests with ATE insurance from Box Legal, and navigate the complexities of contested wills with confidence.