Disputes that emerge during the administration of a deceased person’s estate are known as contentious probate. These concerns, which typically involve disputes over the legality of a will, the proper distribution of assets, or the actions of executors, are becoming more prevalent in England and Wales. Due to the high emotional and monetary stakes, those affected must be aware of their rights and legal possibilities for remedy.

 

What is Probate?

Probate is the legal procedure of administrating the estate of someone who has died. It entails demonstrating the validity of their will (if one exists), settling debts and distributing any remaining assets to beneficiaries. When disputes arise during this process, the matter becomes ‘contentious’.

 

What Causes Contentious Probate?

Validity of the Will

The most typical cause of dispute is challenging to the validity of a will. Grounds for challenging include:

• Lack of testamentary capacity: The testator (the person who made the will) did not understand what they were doing due to illness or mental incapacity.
• Undue influence: The will was produced under pressure or coercion by another individual.
• Lack of proper execution: In violation of the Wills Act 1837, the will was not witnessed or signed.
• Fraud or forgery: It is alleged that the testator did not create the will or that it is fraudulent.

 

Claims Under the Inheritance (Provision for Family and Dependants) Act 1975

If someone considers that a will (or the rules of intestacy if there is no will) does not provide adequate financial provision for them, they may file a claim under the 1975 Act. Eligible claimants include:

• Spouses or civil partners;
• Former spouses or civil partners (if not remarried);
• Children (including adult children);
• Co-habiting partners; and
• Financial dependants.

 

Executor Disputes

Disputes may also arise over the conduct or appointment of executors. Common difficulties include:

• Allegations of mismanagement or breach of duty;
• Delays in estate administration; and
• Disputes amongst co-executors.

 

Ambiguity or Errors in the Will

Wills that are inadequately drafted or contain ambiguous language may result in disagreements concerning the testator’s intentions. In some circumstances, the Courts are asked to interpret or rectify the will.

 

Resolving Contentious Probate Disputes

Negotiation and Mediation

Given the sensitivity of probate disputes, alternative dispute resolution (ADR) procedures including mediation are encouraged. They are frequently quicker, less expensive and less emotionally demanding than litigation.

 

Court Proceedings

If ADR fails or is not appropriate, the parties may proceed to Court. Probate disputes can be complicated and expensive, and the results may not always be predictable.

 

Injunctions and Caveats

In urgent cases, parties may seek injunctions, freezing assets. A caveat may be filed with the Probate Registry to prevent probate from being granted until the dispute is resolved.

 

Practical Tips for Avoiding Disputes

• Consult a qualified solicitor to create a clear and properly executed will.
• Review your will frequently, especially after significant life changes.
• Communicate your intentions to family members where appropriate.
• Consider using a professional executor to ensure impartial estate administration.

 

Contentious probate matters can jeopardise familial relationships and result in lengthy legal battles. However, with appropriate preparation, clear communication and timely advice, many of these disputes can be prevented or efficiently resolved.

Our skilled contentious probate team has extensive experience in resolving a wide range of disputes with compassion, discretion and a clear focus of achieving the best outcome for our clients. Whether you are challenging a will, defending a claim, or experiencing difficulties with estate administration, we are here to provide experienced advice and strong representation. If you are involved in or anticipate a probate dispute, please contact us at the earliest opportunity for personalised legal advice.