Contentious Probate: When Can You Challenge a Will or Estate?
Learn about contentious probate, including Will challenges, Inheritance Act claims, executor disputes and estate disputes, and when to seek legal advice.
Disputes following the death of a loved one can add significant stress at an already difficult time. Questions may arise over whether a Will is valid, how an estate is being administered, whether someone has received reasonable financial provision, or whether an executor or trustee is acting appropriately.
These types of disputes fall under contentious probate. Obtaining legal advice at an early stage can help you understand your position, identify any important time limits and determine the most appropriate way to resolve the dispute.
What is contentious probate?
Contentious probate refers broadly to disputes involving a person's estate after their death. This can include challenges to the validity of a Will, disagreements between executors or beneficiaries, disputes over estate assets and claims by people who believe they have not been adequately provided for.
Not every disagreement needs to result in court proceedings. Many disputes can be resolved through correspondence, negotiation or mediation, particularly where the parties obtain advice at an early stage.
Common reasons for challenging a Will
There are several circumstances in which the validity of a Will may be questioned.
Lack of testamentary capacity
For a Will to be valid, the person making it must have had the necessary mental capacity. Concerns may arise where there is evidence that they did not properly understand their estate, the effect of the Will or the people who might reasonably have expected to benefit from it.
Undue influence
A Will may also be disputed where there are concerns that somebody pressured or improperly influenced the person making the Will to change their wishes.
Improper execution
Wills must comply with certain legal formalities, including requirements surrounding signing and witnessing. A failure to follow those requirements may give rise to questions about whether the Will is legally valid.
Fraud or forgery
Although comparatively rare, disputes can arise where it is alleged that a Will has been forged or fraudulently created.
Suspicious circumstances
Questions may also arise around the circumstances in which a Will was prepared, particularly where it was made shortly before death or in unusual circumstances.
Inheritance Act claims
A dispute does not necessarily have to involve challenging the validity of a Will.
Under the Inheritance (Provision for Family and Dependants) Act 1975, certain individuals may be able to make a claim where they believe an estate has not made reasonable financial provision for them.
Potential claimants can include spouses, former spouses, partners, children and certain dependants. Strict time limits can apply, so anyone considering a claim should seek legal advice promptly.
Executor and trustee disputes
Executors and trustees have important responsibilities when dealing with estates and trusts. Disputes may arise where beneficiaries are concerned about:
- delays in administering the estate;
- a lack of information or transparency;
- the handling of estate accounts;
- the use of estate funds; or
- the conduct of an executor or trustee.
Depending on the circumstances, it may be possible to request further information or estate accounts and, in some cases, seek the removal or replacement of an executor or trustee.
Disputes over estate property
Property is often one of the most valuable assets within an estate and can become a significant source of disagreement.
Questions may arise over who is entitled to remain living in a property, whether occupation rent should be paid, how jointly owned property should be dealt with or who ultimately owns an interest in the property.
Some disputes may also involve claims under the Trusts of Land and Appointment of Trustees Act 1996 (TOLATA).
Lifetime gifts and promises
Disagreements can also arise over gifts or promises made before somebody died.
For example, family members may disagree over whether an asset was genuinely gifted during the deceased's lifetime or should instead form part of the estate. Other cases may involve a person claiming that they relied on a promise concerning property or inheritance, potentially giving rise to a proprietary estoppel claim.
How are contentious probate disputes resolved?
The appropriate approach will depend on the facts of the individual case.
The first stage will usually involve reviewing the available information and assessing the strengths and risks of a potential claim or defence. Where possible, parties may then attempt to reach an agreement through negotiation, correspondence between solicitors or mediation.
If an agreement cannot be reached, formal court proceedings may become necessary.
Is there a time limit for making a claim?
Time limits vary depending on the type of claim.
For example, claims under the Inheritance Act generally need to be issued within six months from the date of the Grant of Probate or Letters of Administration. Different deadlines can apply to other types of estate dispute.
For this reason, it is important not to delay in seeking advice if you believe you may have grounds for a claim.
Speak to Our Contentious Probate Solicitors
DJF Solicitors advise executors, trustees, beneficiaries and family members involved in disputes concerning Wills and estates.
Our contentious probate specialists provide clear, practical advice from the initial assessment of a dispute through to negotiation, mediation and, where necessary, court proceedings. Clients can obtain assistance locally through our offices or remotely by telephone or video consultation.
If you are involved in a dispute concerning a Will or estate, contact our team to discuss your circumstances and the options available to you.
Call: 0203 504 9138
Email: info@djfsolicitors.co.uk
Speak to us Today
