Taking Probate case to Chancery Division

RKerr

We are embroiled in an inheritance dispute with our step-mother and she has stopped us obtaining probate by entering a caveat for my late fathers estate. She is not mentioned in the will but lives in the matrimonial home. We are being told by our solicitors that we shall have to take the case to the Chancery division in order to get the matter resolved.
Has anyone any experience or knowledge of this and the cost and timescales involved?

localhero

Hi RKerr,

No easy answer here.

Cost = high, potentially very high
Length of time = who knows - courts are never lightning fast.

As difficult as it is, your solicitor should provide you with a rough outline of likely costs/timescales based on the exact circumstances of the case, as well as the possible outcomes.

It might be an idea to try and negotiate with your step-mother to see if you can resolve it - ie allow her to live in the property until she dies for example. Obviously litigation must always be a last resort for the reasons above.

I don't suppose your father stated in a separate letter why he had not made provision for her to occupy the property? (Assuming that being her argument.)

Finally, before instructing your solicitor to proceed you will need to satisfy yourself he/she is up to the job. This area of law is known as contentious probate. Make sure they specialise in this area otherwise you may live to regret it.