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Acting early can be important
In contentious probate matters, delay can make an already difficult situation harder to deal with. If an estate has already been distributed, recovering assets may be far more complicated, and some types of claim are also subject to strict time limits.
Claims under the Inheritance (Provision for Family and Dependants) Act 1975, for example, generally need to be issued within six months of the Grant of Probate. That does not mean every dispute needs to move straight to Court, but it does mean early advice is often important.
When a dispute arises after a death
Administrating a loved one’s estate after their death is often difficult enough without the added stress of a dispute.
Contentious probate is the term generally used for disputes connected with a deceased person’s estate. That may involve a challenge to whether a Will is valid, a claim for financial provision, a disagreement about how the estate is being handled, or a dispute about what the deceased promised during their lifetime. The right approach will depend on the nature of the issue, the evidence available and the stage the estate has reached.
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Challenging the validity of a Will
A Will cannot be challenged simply because someone thinks it is unfair, there must be a recognised legal ground for saying that it should not stand.
That may include concerns about whether the person making the Will had the mental capacity to do so, whether they were put under pressure, whether they understood and approved the contents, whether the Will was signed and witnessed properly, or whether there has been fraud or forgery. These cases often turn on detailed evidence, including medical records, witness evidence and the circumstances in which the Will was prepared.
Problems can also arise where a Will has been prepared using a DIY template or AI-generated wording without proper legal advice. That does not make the Will invalid by itself, but it can increase the risk of ambiguity, drafting errors and mistakes in signing or witnessing.
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Claims for reasonable financial provision
Some disputes are not about whether the Will is valid, but about whether it makes reasonable financial provision for someone who should have been provided for. Claims of this kind are usually brought under the Inheritance (Provision for Family and Dependants) Act 1975. Those who can bring a claim include:
- spouses and civil partners
- former spouses who have not remarried
- children
- certain cohabitees
- people who were being maintained by the deceased
Whether a claim succeeds will depend on the circumstances, including the claimant’s needs, the size of the estate and the relationship with the deceased.
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Executor and estate administration disputes
Not every contentious probate matter involves a challenge to a Will and disputes also happen where beneficiaries or family members are concerned about the way an estate is being managed.
That may include serious delay, lack of transparency, failure to provide accounts or valuations, conflicts of interest, or concerns that estate assets have been mismanaged. In some cases, it may be appropriate to seek the removal of an executor or the appointment of an independent administrator.
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Other inheritance disputes
Other types of disputes may include:
- An argument that someone relied on a clear promise about inheriting property or land and suffered detriment as a result
- A drafting or clerical mistake in a Will
- A dispute about who is entitled under intestacy
- Concerns that a caveat should be entered while investigations are carried out
These issues are more likely where a Will has been prepared without proper legal advice, including where generic templates or AI-generated wording have been used without a full understanding of the legal effect.
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Resolving contentious probate disputes
Although some cases do go to Court, many contentious probate disputes are resolved through correspondence, negotiation or mediation. That is often in everyone’s interests, particularly where legal costs could otherwise reduce the value of the estate and where family relationships are already under strain.
Any resolution still depends on understanding the strength of the claim, the evidence available and the procedural steps that may need to be taken to protect your position.
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Contentious Probate FAQs
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What is contentious probate?
Contentious probate is the term used for disputes relating to a deceased person’s estate. That can include Will disputes, claims for financial provision, disputes about executors, and disagreements about how an estate is being administered.
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Can I challenge a Will just because it seems unfair?
Not usually. A Will cannot generally be challenged simply because someone dislikes the outcome. There must be a recognised legal basis, such as lack of capacity, undue influence, coercion, lack of knowledge and approval, improper execution, fraud or forgery.
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Who can bring an Inheritance Act claim?
Potential claimants may include spouses, civil partners, former spouses who have not remarried, children, certain cohabitees and people who were being maintained by the deceased.
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Is there a time limit for bringing a claim?
Often, yes. Claims under the Inheritance Act 1975 generally need to be issued within six months of the Grant of Probate. In other disputes, delay can still cause serious practical problems, even where there is no fixed statutory limit.
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What is a caveat?
A caveat is a notice entered at the Probate Registry to prevent a Grant of Probate from being issued for a period, allowing time for a potential dispute to be investigated.
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Can an executor be removed?
In some circumstances, yes. If an executor is unsuitable, dishonest, inefficient, causes serious delays, or fails to deal with the estate properly, the Court may remove them and, in some cases, appoint an independent administrator.
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Do contentious probate disputes always go to Court?
No. Many are resolved through negotiation or mediation, although Court proceedings may sometimes be needed depending on the nature of the dispute and whether settlement is possible.
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What should I do if I think there is a problem with a Will or estate?
You should take advice as soon as possible. The right steps will depend on the issue, but early advice can be important where there are deadlines, concerns about distribution of the estate, or a need to preserve evidence.
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Can a DIY or AI-generated Will lead to a dispute?
Potentially, yes. A Will does not become invalid simply because it was prepared using a template or AI-generated wording, but these approaches can increase the risk of problems if the wording is unclear, the document does not reflect the person’s intentions, or the signing and witnessing requirements are not followed correctly. In contentious probate cases, disputes often arise from questions about execution, knowledge and approval, or mistakes in the drafting of the Will.
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What is contentious probate?
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How TLW can help
At TLW Solicitors, we can advise on a wide range of contentious probate matters and help you understand whether you may have grounds to bring or defend a claim.
We can help with:
- challenges to the validity of a Will
- Inheritance Act claims for reasonable financial provision
- executor and estate administration disputes
- disputes involving delays, lack of transparency or estate accounts
- caveats and related probate registry issues
- claims arising from promises made during the deceased’s lifetime
- negotiation, mediation and, where necessary, Court proceedings
Our role is to help you understand your position clearly, take the right steps at the right time and deal with the dispute in a measured, practical and cost-effective way.
