Contentious Probate
When someone close to you passes away, emotions run high – and things become even more complicated when there’s a dispute over their Will or estate. Whether you’re challenging a Will, defending one, or simply trying to understand your rights, contentious probate can feel overwhelming. At Howard & Over, we’re here to help you make sense of it all.
More About Contentious Probate
Our experienced solicitors provide clear, compassionate advice in the most challenging circumstances. We’ll guide you through every stage of the process, from investigating concerns over the validity of a Will to resolving disputes between executors and beneficiaries, always working to protect your interests and minimise stress.
Disputes Over the Validity of a Will
Concerns may arise if the Will wasn’t properly signed, witnessed, or if multiple versions exist. This raises questions about which one is legally valid.
Undue Influence or Lack of Capacity
A Will can be challenged if it is believed that the deceased was pressured into making it or lacked the mental capacity to understand their decisions.
Executor & Beneficiary Conflicts
Tensions often develop if beneficiaries believe the executor is mismanaging the estate or not acting transparently or fairly.
Unclear or Ambiguous Wording
Disputes can result from vague or conflicting terms in the Will, requiring legal interpretation to determine the intended meaning.
Inheritance Act Claims
Spouses, children, or dependants who were excluded or inadequately provided for in the Will may be entitled to claim financial provision.
These cases can quickly become complex, both legally and emotionally. That’s why it’s important to have expert legal support from a team that understands the sensitivities involved and works to resolve matters efficiently and, where possible, without court proceedings. Get in touch with us today for expert support from normal people.
Here’s what to expect during the contentious probate process:
Gathering & Securing the Estate
Before any distribution can take place, the estate’s assets must be identified and secured. This includes locating property, bank accounts, investments, and personal belongings. In contentious cases, transparency is crucial – there may be accusations of hidden assets, disputed ownership, or concerns about someone benefiting from the estate before probate is granted.
Involving the Right Parties
If there’s a dispute, all interested parties (such as executors, beneficiaries, and anyone making a claim) must be identified and included in legal correspondence. Contentious probate may involve multiple parties with conflicting interests, and managing this correctly is essential to avoid delays or further legal challenges.
Investigating Claims or Challenges
Claims may be brought under several legal grounds, including:
- Validity challenges (fraud, undue influence, lack of capacity)
- Inheritance Act claims (where someone believes they were unfairly left out of the Will)
- Executor disputes (where an executor is accused of acting improperly)
Our team can help you assess the strength of a claim, or defend one, based on evidence, legal precedent, and witness accounts. Early investigation is key to resolving disputes quickly!
Attempting Resolution Before Litigation
Where possible, contentious probate disputes are resolved through negotiation or mediation. This may include reaching a financial settlement, varying the Will, or removing an executor by agreement. These alternatives are often quicker, less expensive, and less stressful than going to court, and they offer the chance to preserve family relationships where possible.
Applying for or Defending the Grant of Probate
If the dispute can’t be resolved informally, parties may go to court to resolve it. Once the issue is settled, or if there’s no longer a legal barrier, probate can be granted. If you are defending the Will, we’ll help you respond to caveats or court proceedings. If you are challenging the Will, we’ll prepare your case and protect your position throughout.
Administering the Estate Once Disputes Are Resolved
After resolution, the estate administration can proceed. This includes paying off debts, settling taxes, and distributing the estate in accordance with the Will, or the court’s decision. In some cases, the terms of the Will may be varied as part of a settlement. Executors must act carefully, following any court orders or agreed terms to avoid further liability.
Finalising Estate Accounts
Finally, the executor or administrator must prepare detailed estate accounts showing all income, assets, debts, expenses, and distributions. In contentious probate, these accounts may be closely scrutinised by solicitors or the court, especially where there have been allegations of mismanagement. We help ensure the accounts are thorough, accurate, and legally compliant.
At Howard & Over, we understand that contentious probate is as emotional as it is technical. Disputes can create lasting tension and delay closure, so we aim to resolve matters with expertise, sensitivity, and efficiency. Whether you’re defending a Will, contesting one, or navigating difficult relationships as an executor, we’re here to provide expert guidance at every stage. Get in touch with our experts today.
Frequently Asked Questions
Contentious probate refers to legal disputes that arise after someone dies, usually involving disagreements over the validity of a Will, the distribution of an estate, or the conduct of executors or administrators. These disputes can be brought by beneficiaries, family members, or other interested parties.
Generally, people who have a financial interest in the estate or who were close to the deceased may be eligible to contest a Will. This includes spouses, children, cohabiting partners, dependants, or individuals who were named in a previous Will.
A Will can be contested for several reasons, including:
- Weren’t in the right state of mind to make legal choices
- Undue influence or coercion
- Lack of knowledge and approval
- Improper execution
- Fraud or forgery
It can also be challenged under the Inheritance (Provision for Family and Dependants) Act 1975 if someone believes they were unfairly excluded.
Under the Inheritance Act 1975, certain individuals can apply for financial provision from an estate if the Will (or intestacy rules) fails to provide for them reasonably. This includes spouses, children, cohabiting partners, and others who were financially dependent on the deceased.
Yes. Most inheritance claims must be made within 6 months of the Grant of Probate (or Letters of Administration). Challenges to the validity of a Will should be made as early as possible, ideally before probate is granted. Delays can limit your legal options.
A caveat is a legal notice that prevents a Grant of Probate from being issued. It’s often used when someone intends to contest the Will or raise concerns about the administration of the estate. A caveat lasts for six months and can be renewed. It’s a powerful tool to pause probate and allow time for investigation.
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