Administering estates can be as rewarding as it is challenging. Whether you’re advising on routine probate applications or navigating highly contentious disputes, every practitioner knows that even the most straightforward looking estates can hide unexpected complications.
From missing beneficiaries and ambiguous Wills, to foreign assets, capacity concerns, tax pitfalls and family conflict, tricky estates demand practical, timely and reliable guidance.
Our “Tips for Tricky Estates” aim to support both contentious and non-contentious practitioners by providing short, practical monthly tips that touch on common challenges that arise either in estate administration, or estate disputes.
Stay tuned for tips to help you tackle tricky estates with confidence.
1. Conduct an early evidence audit
Early evidence collection is essential. Memories fade, documents can disappear, and positions harden quickly. Disputes often arise from unclear intentions, undocumented conversations, or inconsistencies between the Will and a testator’s lifetime behaviour.
Establishing the factual matrix early on often determines the trajectory of the dispute.
Key actions:
- Obtain and review all relevant documents – Wills (all versions), codicils, letters of wishes, property deeds, bank statements, medical records, business paperwork, digital asset records etc.
- Begin witness evidence promptly whilst recollections are fresh, especially from elderly or vulnerable witnesses.
- Preserve digital evidence – emails, texts, call logs, social media messages etc.
- Create a working chronology to identify gaps or pressure points.
- Advise on relevance and strength of evidence before positions become entrenched.
2. Assess Will validity risks immediately
Most contentious estates involve potential Will challenges – testamentary capacity, undue influence, lack of knowledge and approval, or execution errors. Such issues are common in estates where family dynamics were strained, or the testator was vulnerable.
Even the hint of a challenge needs early attention and early risk assessment allows practitioners to anticipate and shape the dispute.
Key actions:
- Analyse the factual circumstances around the drafting and execution of the Will.
- Examine patterns in the testator’s health, dependency or vulnerability.
- Identify “red flag” relationship or sudden changes in testamentary intention.
- Evaluate the proportionality and strength of a potential validity challenge and act quickly.
3. Identify high-risk parties early
Estate disputes have become more complex where several parties exist, especially under the Inheritance (Provision for Family and Dependants Act) 1975.
Some beneficiaries come with warning signs – estrangement, financial instability, unrealistic expectations, or a history of disputes. Understanding who may have a claim shapes strategy from the outset and informs early engagement.
Key actions:
- Analyse the structure of the Will and identify any obvious disappointments or exclusions.
- Map out the beneficiary classes and evaluate their financial positions.
- Anticipate claims based on moral expectations vs. legal entitlement.
- Plan early communication to reduce misunderstandings and escalations.
4. Secure the estate against interference
Allegations of missing assets, unauthorised withdrawals, or suspicious lifetime gifts are common, and property is particularly vulnerable. Relatives might take items, buildings can fall into disrepair and insurance lapse can invalidate cover. Securing the estate early prevents further loss and reduces risk.
Key actions:
- Secure properties, valuables and high-risk assets promptly.
- Issue formal notices to occupants if appropriate (e.g. tenants, family members)
- Verify the insurance position and arrange interim cover.
- Arrange valuations, inventories and specialist chattel assessments.
- Encourage prompt control of bank accounts and set up proper oversight mechanisms.
- Identify and document any lifetime gifts or transactions likely to be scrutinised.
5. Investigate suspicious lifetime transactions
Late-life transactions often become central to disputes, especially where there are concerns about undue influence or capacity. Large withdrawals, property transfers or changes to investment structures may indicate opportunistic behaviour that should be promptly investigated to minimise loss to the estate and curb potential conflict.
Key actions:
- Scrutinise bank statements for patterns suggesting exploitation or irregular gifting.
- Trace significant pre-death transactions and identify the decision makers involved.
- Review any powers of attorney and consider abuse of position.
- Consider proprietary estoppel, undue influence and constructive trust claims.
- Pursue recovery actions on behalf of the estate.
6. Address missing beneficiaries or executors
Even straightforward estates can grind to a halt if someone cannot be found and disputes worsen when key parties cannot be located or are unwilling to act. Missing executors, unreachable beneficiaries, or hostile co-executors causes deadlock and procedural delay.
If a party cannot be located, the tracing process should be initiated immediately.
Key actions:
- Consider an application to court for replacement or removal of absent executors.
- Engage professional genealogists.
- Arrange missing beneficiary indemnity insurance or tracing agents.
- Consider and advise on alternative options for distributing where a beneficiary cannot be located.
7. Be proactive with insolvent or near-insolvent estates
Insolvent estates should be dealt with cautiously. Paying the wrong creditor at the wrong time can create personal liability for the executors. Early identification avoids costly mistakes.
Speak to our team
For legal advice on any aspect of Wills, trusts, probate or estate administration, call our team of specialist Wills and probate solicitors on 0800 652 8025 or get in touch online.
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