Contentious probate disputes. What is it and how do they arise?
What is contentious probate?
Contentious probate refers to disputes that arise after a person’s death regarding their estate. These disputes typically surround the validity or interpretation of a will, or disagreements about how the estate should be distributed. These disputes can involve several legal issues and parties, including beneficiaries, executors, trustees, or other individuals with a claim against the deceased’s estate.
What are the most common scenarios involving contentious probate?
Challenges to the Validity of a Will
A challenge to the validity of a Will commonly arises due to one of four reasons:
- Testamentary Capacity – A challenge may arise if there is doubt that the deceased had mental capacity at the time of making or amending their Will.
- Undue Influence – A Will might be contested if it is suspected that someone pressured the testator into making certain provisions at the time of making their Will. This is common where a beneficiary of a Will is present in the drafting process alongside the testator putting pressure on them to make certain decisions.
- Fraud or Forgery – Allegations that suggest that the Will was forged or fraudulently altered can lead to validity disputes.
- Improper Execution – A Will in the UK must be signed and witnessed in accordance with the legal formalities. Failure to meet these requirements may give rise to a claim that a Will is invalid.
Disputes over Interpretation
If the terms of a Will are drafted in a way that is unclear or ambiguous, this may lead to beneficiaries and executors disagreeing over how to interpret them. This is why it is vital that the wording of a Will is clear to avoid any potential contentious probate issues.
Claims under the Inheritance (Provision for Family and Dependants) Act 1975
This Act allows certain individuals to make a claim against a deceased person’s estate if they believe that they have not been reasonably provided for under the deceased’s Will or under intestacy rules (where there is no Will).
Essentially, this Act exists to ensure that close family members or financial dependants are not left without reasonable financial support following the death of someone who previously provided for them. If this is the case, they can make a claim for reasonable financial provision from the estate.
Executor or Trustee Misconduct
A dispute can arise if an executor or trustee are alleged to have acted improperly on managing an estate or in the distribution of assets.
Disputes over Intestacy
If someone dies without a valid Will, it is known as intestacy. In these circumstances, the law sets out who should inherit the deceased’s estate under the rules of intestacy. However, disputes can arise between family members or other dependants over how the estate should be distributed.
These issues are all considered as contentious probate. What they highlight is the importance of making a clear unambiguous Will and receiving professional advice during the Will drafting process. Our specialist team here at Nantes have vast experience in these matters and are happy to act in the Will drafting and administration of the estate process.
We're here to guide you:
At Nantes Solicitors, our experienced team can guide you through the complexities of contentious probate disputes. We understand the delicate nature of such cases and work to safeguard your interests throughout the process. Our expert solicitors provide clear, professional advice to help prevent disputes from arising and to resolve any issues that may occur. Whether it’s challenges to a will’s validity, disputes over interpretation, or claims under the Inheritance Act 1975, our team is equipped to support you, ensuring that your estate is handled according to your wishes.
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