What Is Contentious Probate? Common Scenarios Explained
Posted on in Dispute Resolution
Contentious Probate is a general term used to describe situations where there are disagreements about a person’s estate after they have died. It covers a wide-range of issues relating to the validity of a will as well as disagreements over how an estate is being administered. This includes concerns that a Will was procured by Undue Influence, failed to make reasonable financial provision for a dependent of the Deceased and/or was created when the testator lacked the mental capacity to understand what they were signing.
The key aim in any Contentious Probate matter will be to understand what the deceased genuinely intended before they died and ensure their true wishes are being fulfilled.
Common scenarios
1.Concerns about the validity of a will
Whilst no two Contentious Probate matters are the same, there are common ‘red flags’ that often prompt the need for further investigation. For example, a sudden and significant change to a will - especially one that departs sharply from earlier Wills or introduces an unexpected beneficiary - can be a strong indication that something untoward has occurred.
In these situations, it is not uncommon to have concerns over the unexpected (and often uncharacteristic) decisions of the Deceased and to question whether the changes were lawful.
2. Disputes about the administration of an estate
Other situations may involve disagreements between executors and beneficiaries. We frequently see concerns arise where executors appear to progress matters slowly or fail to act in the best interests of the estate. This may prompt beneficiaries to question whether executors are complying with their fiduciary duties and/or whether the estate is being administered and distributed correctly.
3. Inheritance Act Claims
Claims may also arise where those close to the deceased discover that a will or the operation of the intestacy rules (which apply when there is no will) result in a failure to make reasonable financial provision. The Inheritance Act looks to protect those who were financially dependent upon the deceased, including family members, cohabitants and dependants, in light of the lack of provision and taking into account their needs and resources.
For more information, please see here.
Our team of Contentious Probate lawyers can review your situation and investigate the surrounding facts to identify if there is a cause for concern and what potential avenues are available to resolve your concerns.
Why early assistance is beneficial
Early legal advice can help you to understand your position. As experts in Contentious Probate, our team can offer tailored advice to explain the law and outline the options available to you in light of the facts at hand. Our assistance can help to remove the inevitable emotive and stressful aspects of a dispute and seek to prevent matters from escalating out of hand.
Our Contentious Probate team is accredited by the Association of Contentious Trusts and Probate Specialists (ACTAPS) and will be happy to assist you. As a top firm for client satisfaction, we have built a reputation as good listeners who can help break down complex legal jargon into words you can understand and are experts at advising on your specific situation.
If you have concerns over the validity of a Will or the administration of an estate, contact our specialist dispute resolution team today.