A contentious probate case is a dispute over the administration of a deceased person’s estate. Where a will was left by the deceased , it is also known as a “Will dispute” because it disputes the validity or interpretation of what is thought to be the deceased’s last Will and Testament. The most common contentious probate claims are for a will that is not valid or for ‘further provision’ from a person’s estate, this is where a person believes they should have been provided for, usually by a spouse or parent.

 

It is important to note that a person cannot challenge the will simply because they believe it is unfair or because the terms of the will are not acceptable to them. The principle of testamentary freedom takes precedence in English law. This means that a person is free to leave their estate to whomever they want, if they have the mental capacity to do so, it is properly recorded in their will, and they are acting of their own free will and volition.

 

What Does a Wills and Probate Solicitor do?

A contentious probate solicitor’s job is frequently to achieve the opposite result and contest the validity of what appears to be the deceased’s last and true valid will. In some cases, the solicitor will help a client pursue a claim even if there is no will. A contentious probate solicitor’s job will often entail investigating, proving, and then attempting to assist a client (or clients) in determining and carrying out the true wishes of the deceased person. As a result, the deceased’s assets and money will go to those who are entitled to them.

 

What types of disputes can arise in contentious probate?

The range of disputes that fall under the banner of contentious probate is limitless. For example, difficulties arise frequently because those given the task of administering and distributing the deceased’s estate fail to do so properly or in such a way that those entitled may lose out. Many people who die leave their money or assets in a trust, and disagreements over ownership or use of property or money in that trust are common. The trustees may take issue or fail to follow the deceased’s wishes, resulting in a dispute with those entitled now or in the future.

 

Here are the most common examples of disputes that arise in contentious probate:

• • Disputes over the legality of a will or a codicil: It could be contended that the will was not properly signed or witnessed; that the deceased person lacked the mental capacity to make a valid Will: that they were coerced, did not know or authorise of the contents; or that a later valid will exists. There have also been cases where fraud has occurred, and the will has been forged.

• Inheritance (Provision for Family and Dependants) Act 1975 Claims: This enables the court to use its judgement and award reasonable financial provision from a deceased person’s estate, for example, “adopted daughter receives a share of mother’s estate.” Whether or not there is a valid Will, the Act applies.

• Disputes over the administration or distribution of a deceased’s estate: Those assigned may refuse to arrange the estate, do it incorrectly, take too long, or seek to use assets and money for their purposes.

• • Clarification: Sometimes a valid will contains an error or a provision that is not understood. In some cases, a court will allow a will to be corrected or will seek to identify the precise meaning of a clause or gift.

• Expenses: Disputes over the costs incurred by those administering the estate, trustees ordained, or solicitors assisting them are common. It may be possible to petition the court to have those expenses reduced. Trustees may fail to properly administer a trust or cause a loss to the trust fund, and those losses may be recoverable.

• Duties: Replacing executors or trustees who fail to take up or adequately deal with their duties.

 

About Van Eaton Solicitors in London

In recent years, there has been a significant increase in disputes over a deceased person’s estate. If you need help resolving such issues, or if you want to know whether you should file a claim, you should contact an experienced solicitor.

Van Eaton Solicitors in London provides a free initial consultation to assess your case. Because our experts are experienced in resolving contentious probate disputes, we can advise you on the strength of your case right away. If our experts believe the dispute is appropriate, we will conduct an extensive investigation before contacting the other parties involved. We offer straightforward dispute resolution advice. Please contact us at 020 8769 6739 or online if you want to contest a will or defend a claim. We will respond as soon as possible.