Most estates are administered without difficulty, but a significant and growing number give rise to disagreement, and it is in those circumstances that contentious probate solicitors become involved. Rising property values, second marriages and blended families, and the increasing incidence of dementia have all contributed to a steady rise in disputes about wills and estates in England and Wales.
This article explains what contentious probate covers, the disputes that arise most often, the time limits that apply, and how these cases are usually resolved.
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What Is Contentious Probate?
Contentious probate is the term used for any dispute concerning a deceased person’s estate. That includes challenges to the validity of a will, claims by family members or dependants who have been left without adequate provision, disagreements about the meaning of a will, and disputes about the conduct of the executors or administrators responsible for the estate.
Contentious probate disputes are often emotionally charged in a way that most litigation is not, because they combine grief, money, and family history. Expert legal advice at an early stage frequently prevents positions hardening to the point where court proceedings become unavoidable.
What Disputes Arise Most Often?
The most common types of probate disputes include the following:
- Challenges to the validity of the will, where someone contends that the will does not reflect the true wishes of the person who made it. This might be because it was not properly signed and witnessed, because the person lacked the mental capacity to make it, because they did not know and approve its contents, or because they were subjected to undue influence or fraud.
- Claims under the Inheritance (Provision for Family and Dependants) Act 1975. These claims are brought by spouses, former spouses, cohabitants, children, and others who were maintained by the deceased, on the basis that the will or the intestacy rules fail to make reasonable financial provision for them. These claims do not attack the validity of the will; they ask the court to vary its effect.
- Disputes about the administration itself, where executors or administrators delay, fail to account to beneficiaries, prefer their own interests, or otherwise breach their duties. The court has power to compel information, to remove and replace personal representatives, and to order compensation for loss caused.
- Claims based on promises, where the deceased assured someone that they would inherit, that person relied on the promise to their detriment, often by working for little or no pay, and the will fails to honour it. These are known as proprietary estoppel claims and arise most often in farming families.
What Time Limits Apply?
Time limits in contentious probate matters vary depending on the type of claim.
A claim under the 1975 Act must generally be issued within six months of the grant of representation, and although the court has a discretion to allow late claims, it is sparingly exercised. A claim to rectify a will is subject to the same six-month period. Claims by beneficiaries to recover their entitlement are generally subject to a twelve-year period, while there is no limit where fraud is involved. A challenge to the validity of a will has no fixed statutory deadline, but delay causes real practical problems once an estate has been distributed, and any challenge should be investigated immediately.
Where a validity challenge is contemplated, it is usually sensible to lodge a caveat at the probate registry, which prevents a grant from being issued while investigations take place. Entering a caveat involves a modest court fee and protects the position for six months, with the option to renew. It is not, however, a step to be taken lightly: a caveat entered without a genuine basis for investigation can expose the person lodging it to costs consequences.
How Are Contentious Probate Disputes Resolved?
The great majority of contentious probate disputes settle without a trial. The courts actively expect parties to attempt alternative dispute resolution, and mediation has a particularly strong record in this field, because it allows families to reach outcomes a court could not order and to preserve relationships that litigation would destroy. Where settlement is not possible, claims are determined in the county court or the High Court, with the judge deciding on the evidence.
The specialist contentious probate solicitors at Johnson Astills advise beneficiaries, disappointed family members, executors, and administrators across Leicestershire and beyond on disputes of this kind. If you are concerned about a will or the handling of an estate contact us and a member of the team will contact you to discuss the position and explain how we can help.
Please call us free now on 0800 059 0600 or complete a Free Online Enquiry and a member of the team will get back to you soon.
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