When disputes arise over Wills, estates, or inheritance matters, it’s essential to act promptly to protect your position and seek the right advice. Contentious probate can be a challenging and emotional area of law, involving complex legal and personal issues. Ensuring you have the right guidance is key to resolving these matters effectively.
Nick Kramarenko, a qualified Solicitor specialising in such matters, has answered some of the most frequently asked questions surrounding contentious probate, to provide you with clarity and help you navigate these disputes with confidence. Here’s what you need to know:
1.What is contentious probate, and how does it differ from standard probate?
Simply put, a probate deals with someone’s assets (their ‘estate’) after they have died, in accordance with their last Will. Contentious probate is when this goes wrong for one reason or another. Usually, it involves someone claiming they should have gained something under the Will, or that the Will is invalid.
2.What are the most common reasons people dispute a Will or estate?
There are a number of ways in which a Will or estate is contested, some more common than others. You may be unsure that the Will was properly signed, created, or witnessed in accordance with the law, or that the deceased did not have a true knowledge or approval of the Will. There may be evidence that the deceased did not have adequate mental capacity to make a Will when they did, due to conditions such as dementia or Alzheimer’s. You may believe that someone was unfairly and forcefully coercing the deceased to change their Will or make one in their favour. Perhaps you are a dependent or a close family member such as a son or daughter, and you have been left out of the Will unexpectedly, or you may not be gaining as much as the deceased promised to you.
3.Who can contest a Will, and on what legal grounds can a claim be made?
You will need to have a proper ‘legal standing’ – usually that you were named in a previous or current Will, or that you could stand to gain under the laws of intestacy if there was not (or should not) have been a Will. Some claims, such as ‘Inheritance Act’ claims, require you to be a specific class of relation to the deceased.
4.What happens if someone suspects that a Will was forged or created under duress?
If you suspect that a Will was forged, this is of course very serious. Likewise, if you believe that a Will was created under duress, to the point that it overrode the deceased’s own willpower, a thorough investigation will need to be carried out. In the case of duress, there is a high standard of proof which falls upon the person making the accusation.
5.What is the time limit for challenging a Will or making a claim against an estate?
There is generally no time limit to challenge a Will, although an early challenge is recommended, otherwise the deceased person’s estate and assets may be distributed to other people before you can make your claim. There is, however, a strict time limit for ‘Inheritance Act’ claims, which must be made within 6 months of a Grant of Probate being acquired.
6.What evidence is needed to prove that a person lacked mental capacity when making their Will?
Typically, this shall take the form of witnesses and medical evidence. Witnesses could be people close to the deceased, or people who helped to manage the deceased’s healthcare in their lifetime. Experts can be instructed to review medical records and other evidence and assess whether they believe that the deceased lacked mental capacity, which can be crucial to a case.
7.What are the potential outcomes of a contentious probate case, and how are disputes typically resolved?
Successful inheritance disputes and other challenges to Wills can result in a change to the Will, a previous Will taking the place of the latest one, or a payment to a particular party. In the majority of cases, there is a mutual agreement to settle before a trial takes place.
8.How can people minimise the risk of their Will being contested after their passing?
One of the most important ways to minimise the risk is to have your Will made through a reputable firm of solicitors. Solicitors will keep detailed records of the process of creating the Will and are trained to look out for warning signs along the way. It is also important for the person making the Will to understand the effect of excluding someone close to them from their Will, or leaving them less than others. If you do plan to do this, a side letter to go with the Will explaining your reasons may help to minimise claims.
9.What are the costs associated with bringing or defending a contentious probate claim?
It is difficult to predict the legal costs involved in a contentious probate claim – a case may be settled after a first letter, or it may go all the way to trial. We will always keep you informed of costs from the start and regularly update you on our estimates, meaning we will only go as far as you want us to go. To find out more about the costs to bringing or defending a claim, speak to the experts at Howard and Over.
More about Nick’s work
Nick specialises in contentious probate matters, drawing on his previous experience in private client work and civil litigation. He handles cases involving claims under the Inheritance (Provision for Family and Dependants) Act and disputes concerning Wills and estates, providing practical and insightful advice to his clients during what are often challenging times.
If you need a solicitor to assist with contentious probate matters; contact Nick today.
