Contentious Probate: Resolving Disputes Over Wills, Estates and Inheritance

Disputes Over Wills, Estates and Inheritance

Contentious probate refers to any legal dispute that arises after someone has passed away, typically involving their Will or the way their estate is being administered. Whether you are contesting a Will, concerned about an executor’s conduct or believe you have been unfairly left out of an inheritance, our experienced probate team is here to help.

Common Reasons Probate Disputes Arise

Disputes can arise for several reasons. You may wish to challenge the validity of the Will, raise concerns about how the estate is being managed or claim that you have not been adequately provided for.

Key grounds for challenging a Will or estate include:

• Lack of mental capacity – the deceased may not have had the necessary understanding to make a valid Will.
• Undue influence or coercion – An individual may have been under pressure from another person when making the Will.
• Fraud or forgery – There may be suspicions that the Will was tampered with or falsified.
• Improper execution –the Willmay not have been signed or witnessedin accordance with legal requirements.
• Financial dependence – certain individuals can bring a claim under the Inheritance (Provisions for Family and Dependants) Act 1975 if they were financially reliant on the deceased and have not been adequately provided for.

Disputes Over Missing or Unclear Wills

Sometimes, the dispute does not concern whether the Will is valid but whether it even exists or what it means. Common issues include:

• No Will can be found, and the family disagrees about how the estate should be divided under intestacy rules.
• Multiple versions of a Will are found, and it is unclear which one is the most recent and legally binding.
• The wording in the Will is ambiguous or contradictory and beneficiaries interpret it differently.

In such cases, the court may need to interpret the Will or determine which version is valid.

Inheritance Act Claims: Seeking Reasonable Financial Provisions

Even if a Will is valid, the law recognises that certain people may have a right to claim reasonable financial provision from the estate. These claims are made under the Inheritance (Provision for Family and Dependants) Act 1975 and can be brought by:

• Spouses and civil partners
• Former spouses or civil partners (if they have not remarried)
• Children (including adult children)
• Stepchildren or others treated as a child of the family
• Financial dependants

Strict time limits apply, so it is important to seek advice promptly.

Concerns about the Executor or Administrator

If you have concerns about the person administering the estate (the executor or administrator), you may be able to challenge their actions. Examples include:

• Failing to carry out their duties in a timely manner or transparent way
• Withholding information from beneficiaries
• Mismanaging or misappropriating estate funds
• Favouring certain beneficiaries over others

In serious cases, the court can remove the executor or appoint an independent administrator to take over.

Disputes Between Beneficiaries

Disagreements can also arise between beneficiaries themselves. These may relate to:

• Unequal distribution of personal possessions
• Disagreements over the sale or division of property
• Allegations that a beneficiary influenced the deceased to change the Will in their favour.

Such disputes can be complex and highly emotional, particularly within families. We aim to resolve them constructively and with minimal conflict wherever possible.

Resolving Disputes: Mediation vs Litigation

Wherever possible, we aim to resolve contentious probate disputes through negotiation or mediation, a quicker, more cost-effective alternative to court proceedings. However, if a resolution cannot be reached, we will represent you robustly through the court process.

Time Limits for Making a Claim

There are strict time limits that may apply for example, a claim under the Inheritance Act must usually be brought within six months of the Grant of Probate. Claims to challenge the validity of a Will do not have a specific time limit however delays can make your case harder to pursue.

How We Can Help

We understand that probate disputes are deeply personal and often arise during a time of grief. Our specialist team offers:

• Practical, clear advice tailored to your situation.
• Strong representation whether you are bringing or defending a claim.
• Skilled negotiation and mediation support.
• Litigation expertise where court proceedings are necessary.

Speak to Our Experts

If you are involved in a dispute over a Will or inheritance, get in touch with our experienced contentious probate team today. We offer a confidential, no-obligation initial discussion to help you understand your rights and next steps.

To better understand the Probate Process, check out this article.