Probate is always a sensitive issue because it involves dealing with the aftermath of a death, usually of somebody that you love, during a period of grieving. However, this situation can be made even more fraught and emotionally draining when disagreements arise over the validity of the Will, its contents, or the distribution of the deceased’s assets.
Contentious probate is a legal term that refers to disputes relating to the administration and distribution of a deceased person’s estate. In these situations, engaging a solicitor who specialises in probate disputes is recommended over attempting to resolve the issue yourself.
These disputes may involve:
- Challenging the validity of a Will (e.g., claiming the deceased lacked mental capacity, was under undue influence, or the Will was forged or improperly executed)
- Claims under the Inheritance (Provision for Family and Dependants) Act 1975 by individuals who believe they have not been adequately provided for in the Will of a family member or by the Intestacy Rules
- Disputes between executors or between beneficiaries and executors
- Concerns about how the estate is being managed or distributed by the Executors or Administrators, who may not be carrying out their duties reasonably or in accordance with the law.
- Missing or lost Wills
- Allegations of fraud or misconduct
These disagreements can escalate quickly, especially when emotions are high. Family dynamics, long-standing grievances and financial pressures often blend in to complicate matters further.
Unlike many areas of law, probate disputes often sit at the centre of a Venn diagram of legal, emotional, and familial concerns. Typically, these involve multiple parties with deeply personal stakes and in some cases, conflicting interpretations of a loved one’s intentions.
Moreover, these cases frequently involve complex legal issues such as:
- Interpreting the language of a Will
- Determining testamentary capacity
- Assessing financial needs and obligations of dependents
- Tracing and valuing assets
- Navigating statutory deadlines and court procedures
Without expert guidance, individuals who have to deal with these conflicts can find themselves confused, overwhelmed and destined to make mistakes that might cost the estate or themselves personally.
Engaging a solicitor with experience in contentious probate is crucial for several key reasons:
- Expert Legal Knowledge: A solicitor understands the intricacies of probate law and can assess whether a dispute has legal merit. They can advise you on your rights and the likelihood of a successful claim or defence. This clarity at an early stage can help in managing expectations and avoid unnecessary legal costs.
- Procedural Expertise: Contentious probate claims are bound by strict rules and timelines. A solicitor will ensure that all documentation is properly filed, deadlines are met, and the case is presented in the strongest possible way
- Protection of Relationships: Family disputes can permanently damage relationships. A solicitor provides an objective perspective and can often act as a buffer, reducing direct conflict between relatives
- Mediation and Negotiation Skills: Many probate disputes are resolved out of court through negotiation or mediation. An experienced solicitor can represent you during these discussions, helping to find a solution that protects your interests while avoiding the stress and expense of a full court trial
- Cost Efficient: This may seem counter-intuitive, but whilst hiring a solicitor may add an expense, their involvement can ultimately save you money by avoiding prolonged litigation, ensuring proper handling of the estate, and preventing avoidable legal mistakes.
If mediation and negotiation have not been successful, then the process of resolving contentious probate cases can be long, expensive, and emotionally exhausting. Typically, the process will unfold as follows:
- Challenge or Dispute: The first step in a contentious probate case is a challenge to the will or the administration of the estate. This may involve claiming the will is invalid, questioning the executor’s actions, or asserting that the will does not meet legal requirements.
- Pre-action Protocol: Before taking legal action, parties are often required to follow the Pre-Action Protocol, which involves sending letters of claim and trying to resolve the dispute through negotiation or mediation. Many disputes are resolved at this stage.
- Issuing a Claim at Court: If negotiations fail, a formal claim can be made at the County Court or the High Court. Claims may be made on grounds of validity, undue influence, lack of capacity, or claims for reasonable financial provision. There are strict deadlines in certain situations, where a claim must be issued within a certain timeline; for example, within 6 months from the date of the grant of probate for claims pursued by the Inheritance (Provision for Family and Dependants) Act 1975.
- Court Hearing: If the matter is not resolved through settlement or mediation, the case will go to trial. During the hearing, both parties will present their evidence, and the court will make a judgment on the dispute. This could involve declaring a Will invalid, making changes to how the estate is administered, or awarding financial provision to a Claimant.
- Appeals: If either party is dissatisfied with the judgment, there is an option to appeal the decision, although this will involve further legal costs and delays to the final outcome of a case.
In reality, contentious probate disputes are never easy, but they don’t have to become long, drawn-out, bitter legal battles. With the right legal advice guiding you through the process, it’s possible to resolve disagreements effectively, fairly, and minimise the conflict.
By relying on a solicitor’s expertise, you can navigate the legal process with confidence, increase your chances of success, and ultimately protect your interests. Whether you are challenging the validity of a Will, addressing concerns about estate administration, or defending the Will of a loved one against an external challenge, a solicitor can provide you with invaluable support and guidance during this challenging and stressful time.
Sara Alili is a Senior Associate at Curwens. Her workload addresses all aspects of litigation, including property litigation matters such as Landlord and Tenant cases, breach of contract claims, personal injury matters, neighbour disputes and contentious probate cases. Please do not hesitate to contact a member of our team in the Dispute Resolution and Litigation Department if you have a matter that you think we can help with.
