Administering estates can be just as challenging as it is rewarding. From routine probate applications to hard-fought disputes, practitioners will be aware that even the simplest-looking estates can conceal complex issues.
From missing beneficiaries, to ambiguous Wills, to foreign assets, capacity issues, tax traps and family conflict. Tricky estates rarely reveal themselves upfront.
Our Tips for Tricky Estates are designed to help both contentious and non-contentious practitioners cut through the complexity, with short, practical monthly insights on the issues that most commonly derail estate administration and disputes.
Stay tuned for practical tips to help you handle tricky estates with confidence, the first of which can be found below…
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.
You can preview our next two tips too by having a look at our website. Or if you have any questions on Wills, trusts, probate or tricky estate administration get in touch.