Probate Litigation Attorney in Manchester
Contested Estate, Will & Trust Disputes in New Hampshire
When a will is challenged, an executor is accused of mismanaging assets, or family members are in conflict over a guardianship, the stakes are personal and the legal process is unfamiliar. Brennan Lenehan Iacopino & Hickey represents individuals and families in Manchester, New Hampshire who are navigating these disputes, providing focused attention and clear guidance at every stage. Our firm has practiced law for over 40 years, and we maintain a selective caseload so each client receives the time and resources their matter requires.
If you’re facing a probate, will, or trust dispute in the Manchester area, contact us to discuss your situation. Call (603) 734-5461 or reach out through our contact form.
How Probate Litigation Works in New Hampshire
Probate litigation arises when a will, trust, or estate administration decision is formally disputed and court intervention is needed to resolve it. In New Hampshire, these matters are handled by the Circuit Court’s Probate Division, which holds jurisdiction over wills, trusts, estates, and guardianships across all ten counties. Hillsborough County’s Probate Division is based in Nashua.
Under RSA 547:3, the Probate Division also holds concurrent jurisdiction with district or superior court over certain civil claims when an estate, trust, guardianship, or conservatorship is a party. When someone dies leaving a valid will, the estate is distributed according to its terms. Without a valid will, New Hampshire’s intestate succession laws govern how assets pass to heirs.
Grounds for Contesting a Will
Not everyone can challenge a will. Standing generally belongs to named beneficiaries and to people who would inherit under intestate succession but were excluded or disinherited by the will. If you have standing, several recognized grounds can support a contest.
Common bases for a will challenge include:
- Lack of testamentary capacity: The person who made the will didn’t understand what they owned, who their heirs were, or the nature of making a will at the time they signed it.
- Undue influence: The will was written under improper persuasion or pressure that overrode the person’s own wishes.
- Fraud: The testator was deceived into signing a document they didn’t understand or was misled about its contents.
- Improper execution: The will wasn’t signed or witnessed in compliance with New Hampshire’s formal requirements.
Beyond Will Contests: Other Probate Disputes
Will contests are one part of a broader landscape of probate litigation. Executors and administrators owe fiduciary duties to the estate and its beneficiaries. When those duties are breached through mismanagement, self-dealing, or failure to account for assets, affected parties can bring claims in the Probate Division.
Guardianship and conservatorship disputes arise when family members disagree over who should be appointed to care for an incapacitated adult or minor, or when a guardian’s conduct is called into question. These proceedings are governed in New Hampshire by RSA 464-A. Financial exploitation tied to power of attorney authority can also give rise to probate litigation, including claims for an accounting or recovery of misappropriated assets.
From Petition Through Hearing
A contested probate matter typically begins with a petition filed in the Probate Division describing the dispute and the relief being sought, followed by notice to all interested parties. From there, the matter may proceed through discovery, including depositions, document requests, and interrogatories, before a hearing on the merits. The Circuit Court Probate Division also offers a mediation program through which probate-trained mediators can be assigned to help the parties work toward a negotiated resolution at no charge to them.
The decisions made early in a contested matter, from how a petition is framed to how discovery is approached, can shape what happens at the hearing. Getting the procedural steps right from the start matters.
Attorney Kathleen Hickey’s Certifications & Our Litigation Approach
Attorney Kathleen Hickey has been licensed to practice in New Hampshire since 1990 and holds two certifications directly relevant to contested probate work: she is a New Hampshire Superior Court Certified Neutral Evaluator for domestic cases and a Superior Court Rule 170 Mediator for civil litigation. That background means she understands how these disputes are evaluated and resolved from multiple vantage points, whether a matter settles through structured negotiation or proceeds to a full hearing.
We represent clients through trials and alternative forms of resolution. We don’t push one path over the other. We assess the facts, discuss the realistic options, and pursue the approach that aligns with each client’s interests, with direct communication and honest counsel throughout.
Talk to a Probate Litigation Lawyer in Manchester, NH
Contested estate matters move on court timelines. If you’re involved in a will contest, a dispute with an executor, a guardianship proceeding, or any other probate litigation matter in Manchester, New Hampshire, we’re available to discuss your situation and help you understand your options.
Contact Brennan Lenehan Iacopino & Hickey at (603) 734-5461 to schedule a consultation.