Probate Dispute Solicitors: Contentious Probate
Losing someone close to you is difficult enough without disagreements arising over their estate. Unfortunately, disputes following a death are not uncommon. Questions may arise about whether a Will is valid, whether someone was unfairly excluded, how an executor is administering the estate or whether promises made during the deceased's lifetime should be honoured.
These disagreements are generally referred to as contentious probate.
At AFG Law, the probate dispute solicitors from our dispute resolution team understand that these cases are rarely just about money. They often involve grief, complicated family relationships and events stretching back many years. We offer clear, sensitive advice to individuals involved in inheritance disputes, helping them understand their legal position and, wherever possible, find a solution without unnecessary court proceedings.
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What is Contentious Probate?
Contentious probate refers broadly to disputes concerning the administration of someone's estate or the distribution of their assets following their death.
Some cases involve a direct challenge to the validity of a Will. Others concern how an executor is administering an estate, a claim by someone who believes they should have received greater financial provision, or a disagreement over property or promises made before the deceased died.
Examples of contentious probate disputes include:
- Challenging the validity of a Will.
- Claims involving lack of testamentary capacity.
- Allegations of undue influence.
- Disputes about the interpretation of a Will.
- Executor and administrator disputes.
- Claims by disappointed beneficiaries.
- Claims under the Inheritance Act.
- Proprietary estoppel claims.
- Disputes involving trusts and estate assets.
The appropriate approach will vary depending on the circumstances and the type of claim being considered.
Can You Challenge a Will?
A Will can potentially be challenged on a number of grounds. For example, there may be concerns that the person making the Will did not understand what they were signing or lacked the necessary testamentary capacity.
There may also be allegations that somebody placed undue pressure on the deceased, that the Will was not properly executed, or that the document does not genuinely represent the deceased's intentions.
Suspicion alone is not normally enough to successfully challenge a Will. Evidence will be important, which could include medical records, solicitor files, witness evidence and information about the circumstances in which the Will was prepared.
Obtaining legal advice at an early stage can help establish whether there are reasonable grounds for further investigation.
What If Someone Has Been Left Out of a Will?
A person is generally entitled to decide who should inherit their estate. However, there are circumstances where someone may be able to bring a claim even if the Will itself is valid.
The Inheritance (Provision for Family and Dependants) Act 1975 allows certain people to seek reasonable financial provision from an estate.
Potential applicants can include certain:
- Spouses and civil partners.
- Former spouses or civil partners who have not remarried or entered another civil partnership.
- Children.
- Cohabiting partners who satisfy the relevant requirements.
- People who were being maintained by the deceased.
Claims under the Inheritance Provision for Family and Dependants Act 1975 are different from challenging the validity of a Will. The argument is not necessarily that the Will is invalid, but that it, or the intestacy rules, has failed to make reasonable financial provision for the person bringing the claim.
There are important time limits associated with the Inheritance Act, so anyone considering a claim should seek advice promptly.
What Happens If There is No Will?
Disputes can also arise where someone dies without leaving a valid Will. In this situation, their estate will generally be distributed according to the intestacy rules.
Those rules may produce an outcome very different from what the deceased or their family members expected. This can be particularly significant for unmarried couples, as a surviving cohabiting partner does not automatically inherit under the intestacy rules.
Depending on the circumstances, a potential claim under the Inheritance (Provision for Family and Dependants) Act 1975 or another legal remedy may need to be considered.
What is Proprietary Estoppel?
Some probate disputes arise because the deceased made promises about property during their lifetime. For example, someone may have spent many years working in a family business or caring for a relative because they were repeatedly promised that they would eventually inherit a particular property.
If that promise is not reflected in the Will, a dispute may arise. Proprietary estoppel can potentially apply where a person was given an assurance concerning rights in property, reasonably relied upon that assurance and suffered detriment as a result.
These cases are highly fact-specific and often depend heavily on evidence of conversations and events that took place many years earlier.
Can Executors Be Challenged?
Yes. Not every probate dispute is about who should inherit. Executors and administrators have important responsibilities when administering an estate. Disagreements can arise where beneficiaries believe an executor is:
- Taking too long to administer the estate.
- Failing to provide information.
- Mishandling estate assets.
- Acting in their own interests.
- Distributing assets incorrectly.
- Failing to follow the terms of the Will.
Administering a complex estate can take time, so delay does not automatically mean an executor has done something wrong. However, where there are genuine concerns about the administration of an estate, a contentious probate solicitor can advise on the options available.
In serious cases, it may be necessary to consider an application relating to the removal or replacement of an executor.
What About Trust Disputes?
Probate and trust disputes can sometimes overlap. A Will may create a trust, for example, allowing one person to benefit from property during their lifetime before it ultimately passes to other beneficiaries.
Disagreements can arise over how trustees are managing assets, how the trust should be interpreted or whether trustees are complying with their legal duties.
Where trusts form part of an estate, the dispute can become more complicated, particularly where there are several beneficiaries with competing interests.
Can a Grant of Probate Be Stopped?
Where there is a genuine dispute about the validity of a Will, it may be appropriate in some circumstances to prevent a Grant of Probate being obtained while the issue is investigated.
One potential step is entering a caveat against the estate. A caveat can prevent a grant from being issued for a period while concerns are considered. However, a caveat should not simply be used as a tactical measure in every inheritance disagreement.
Whether it is appropriate will depend on the nature of the dispute, and legal advice should be obtained before taking action.
Do Probate Disputes Have to Go to Court?
No. Although contentious probate can ultimately result in court proceedings, many cases are resolved without a trial.
This can be particularly valuable where family members are involved. Litigation can be expensive, stressful and may further damage already difficult relationships.
Depending on the dispute, options may include:
- Solicitor-led negotiation.
- Mediation.
- Without-prejudice discussions.
- Other forms of alternative dispute resolution.
Reaching an agreement can also provide the parties with greater flexibility than leaving the final decision entirely to a judge.
However, there will be situations where court proceedings are necessary, particularly where there is a fundamental disagreement about the validity of a Will or the parties' legal rights.
How Long Do You Have to Bring a Probate Claim?
There isn't one limitation period that applies to every contentious probate claim. Time limits vary depending on the type of claim.
For example, claims under the Inheritance (Provision for Family and Dependants) Act 1975 are generally subject to a particularly important deadline connected with the Grant of Representation.
Other probate and inheritance claims can be governed by different rules. This is why it is important not to delay seeking advice. Waiting too long can make a dispute more difficult and, in some circumstances, may affect whether a claim can be brought at all.
What Evidence is Needed in an Inheritance Dispute?
The evidence required will depend upon the nature of the claim. It could include:
- The current and previous Wills.
- Medical records.
- The Will-writing solicitor's file.
- Correspondence between family members.
- Financial records.
- Property documents.
- Witness statements.
- Evidence of promises made by the deceased.
- Information about the deceased's relationships and financial circumstances.
A contentious probate solicitor can identify what evidence is likely to be relevant before deciding how a claim should progress.
Why Seek Advice from Probate Dispute Solicitors?
Inheritance disputes can quickly become emotionally and legally complicated.
What begins as a disagreement between siblings about their parent's Will can develop into questions about capacity, lifetime gifts, property ownership, executor conduct and the deceased's intentions.
Likewise, a claim under the Family and Dependants Act may require detailed consideration of the applicant's financial needs, the size of the estate and the competing needs of other beneficiaries.
Getting advice early can help you understand the strengths and weaknesses of your position and avoid taking steps that unnecessarily escalate the dispute.
How AFG Law Can Help with Contentious Probate
At AFG Law, our Dispute Resolution team provides practical and sensitive advice to clients involved in contentious probate disputes.
Whether you are questioning the validity of a Will, facing a disagreement between beneficiaries, concerned about the actions of an executor, considering claims under the Inheritance Act, or involved in trust disputes, we can help you understand your options.
Where appropriate, we will explore negotiation and other forms of dispute resolution with the aim of resolving matters without unnecessary litigation. Where agreement cannot be reached, we can advise you on the next steps and represent your interests through court proceedings.
If you are concerned about a Will or the administration of an estate, obtaining legal advice early can be particularly important because different types of probate claims are subject to different rules and time limits.
Contact AFG Law to speak to our Dispute Resolution team about a contentious probate or inheritance dispute.