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.
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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