Dormer Stanhope and our Success with Probate
Probate and Estate Administration
Probate can be confusing and emotional, especially when a loved one’s will is in doubt. Dormer Stanhope helps clients challenge invalid wills, navigate intestacy, and secure fair outcomes with confidence.
Need guidance with probate? Talk to our experienced team today.
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Contesting wills and guiding families through Probate with clarity.
Before we dive into how Dormer Stanhope has helped so many clients through the probate process, let’s take a step back and answer the big question: What even is probate?
In simple terms, probate is the official process of proving that a person's will is legally valid after they die. It gives the person named in the will (the executor) the legal right to manage the deceased’s assets, like property, money, and possessions, and to distribute them according to the wishes in the will. If there's no will, a similar process applies, but it’s called letters of administration, and someone (usually a close relative) must apply to the court to be appointed as the estate’s administrator.
At Dormer Stanhope, we often handle cases where the will’s validity is questioned. This could mean proving that the most recent will isn’t legally sound, maybe due to lack of mental capacity or undue influence, and pushing for an earlier, valid will to be used instead. If there’s no valid will at all, the estate gets distributed according to intestacy laws.
What makes a will invalid?
Great question. One of the most common issues we see is when someone updates their will at a time when they may not have had the capacity to fully understand what they were doing, dementia being a prime example.
Let’s look at a scenario.
Scarlet and Calvin are siblings. Their dad passed away years ago, and their mum, Kirralee, has been living in a nursing home. In 2021, she made a will splitting her estate 50/50 between both children.
In 2022, Scarlet moved overseas and had less contact with her mum. Over time, Kirralee’s health declined; she was later diagnosed with dementia. Calvin, who lived nearby, visited her frequently.
Fast forward to late 2024, Calvin arranges for a lawyer to see Kirralee to prepare a new will. The lawyer meets with Kirralee once and is satisfied that she has capacity, so prepares a will leaving everything to Calvin. When Kirralee passes away in 2025, Scarlet is shocked to find she’s been written out completely.
This is where Dormer Stanhope steps in. We would build a case to show that Kirralee didn’t have the capacity to legally change her will in 2024. If successful, the newer will would be set aside, and the 2021 version (the one splitting the estate equally) would be reinstated.
Do All Probate Disputes End Up in Court?
Not at all. Many probate matters can be resolved without going to a full hearing. Sometimes, families agree to revert to an earlier will, apply for intestacy, or reach a financial settlement to avoid drawn-out legal battles. The key is knowing your options, and that’s where we help.
Let’s Clear Up Some Probate Myths
Probate gets a bad rap. But a lot of what people fear about it simply isn’t true. Here are some of the most common myths we hear, and the real story behind them:
1. “Probate takes forever.”
Not necessarily. While some cases are more complex than others, most estates are settled within 6 to 12 months. The timeline depends on things like the size of the estate and whether the will is being contested.
2. “It’s going to cost a fortune.”
Yes, there are costs involved, court fees, legal advice, and so on, but these expenses are paid out of the estate, not by the beneficiaries personally. And having things handled properly often prevents much bigger problems (and costs) down the line.
3. “Probate means family drama.”
It can if the will isn’t clear or if someone feels unfairly treated. But that’s exactly why proper legal support is crucial. A solid will and professional guidance can help prevent disputes and keep things civil.
At Dormer Stanhope, we know probate can feel overwhelming, but it doesn’t have to be. Whether you're contesting a will, navigating intestacy, or just want to understand your rights, we’re here to guide you through it with clarity and care.