Will disputes – contentious probate solicitors

Contentious probate refers to disputes that arise after someone has died, usually about how their estate is being handled. This can include disagreements over whether a Will is valid, concerns that an executor isn’t carrying out their duties properly, or situations where someone believes they’ve been unfairly left out or not provided for. In short, it covers any conflict relating to the administration of a person’s estate after their death.

You might have a claim if you think:

• The person who made the Will didn’t fully understand what they were doing, or were unable to make decisions for themselves when they made the Will.
• Someone coerced them into making a certain Will, or the Will was obtained by fraud.
• The Will wasn’t signed or witnessed properly.
• You were left out of the Will, or you do not receive adequate financial provision from the estate.
• You were promised land or property by the deceased but they failed to honour that in their Will.
• The executors (or your co-executor) are not doing their job properly.

Our contentious probate solicitors can review your situation and tell you if it is worth pursuing.

Evidence can include:

• Letters, emails, diary entries or other social media messages.
• The medical records of the deceased.
• The file of solicitors who drew up the will and any previous Wills
• Financial records if someone mismanaged the estate.

These cases rely heavily on documentary evidence – the more evidence you have, the better advice we can provide.

Being left out doesn’t automatically entitle you to claim, but you might be able to claim if:

• You were financially dependent on the deceased.
• You are a spouse, civil partner, or child.
• The Will is invalid.

If someone promised you an inheritance of land or property but failed to honour that promise in their Will, you may be able to bring a claim against the estate under the doctrine of Proprietary Estoppel.

There are three elements that you need to prove, namely:

• the deceased made a promise or representation to you
• you relied on that promise
• you suffered a detriment as a result

If you’re considering making a claim based on such a promise, you should contact us for a more in-depth discussion.

If someone dies without a Will, their assets will be divided between surviving blood relatives under the rules of intestacy, which may not be what that the person would have chosen when they were alive.

Intestacy rules do not provide for any other relationships, such as a long-term partner but you may be able to claim if you were financially dependent on the deceased.

If you have grounds to challenge the validity of a Will, it’s important to seek specialist legal advice immediately, preferably before a probate is granted. You can enter a caveat at the Probate Registry for a small fee to prevent the issue of a grant and distribution of the estate while preliminary investigations and enquiries are carried out.

If you make a claim under the Inheritance (Provisions for Family and Dependants) Act 1975, you have a time limit of six months from the date of a grant of probate or grant of letters of administration to issue a claim in the courts.

You can bring a claim after probate is granted, but the process would be more expensive and difficult, you would have more hurdles to overcome, and the estate may have been distributed to beneficiaries entitled under the Will or intestacy.

You will usually only have to go to court if all other avenues for resolving the dispute have been exhausted.

At Clarke Willmott, we believe it is always in our clients’ best interests to resolve inheritance disputes, contested Wills and other probate claims through negotiation and mediation if possible, and avoid the delay and costs of lengthy court proceedings. However, sometimes we cannot avoid going to court and we can support and guide you through the process.

It is difficult to predict with any certainty the financial costs of challenging a Will. Much would depend on the complexity of the case, how vigorously a claim is defended, how many parties are involved, and how protracted the case becomes.

After the preliminary consultation, we will provide you with a cost estimate, usually broken down in stages. We also have a range of funding options for clients who have a worthwhile case but lack the resources to fund their legal costs.

The time it takes to resolve a Will or probate dispute varies greatly depending on the nature of the case and how vigorously the claim is defended. A dispute that can be settled by agreement or mediation will conclude sooner. A claim going all the way to a final court hearing may take at least a year or longer.

A no contest or forfeiture clause states that if a beneficiary challenges the Will, they will forfeit their inheritance. If you contest a Will containing a no contest clause and your claim is unsuccessful, you will lose your entire legacy. However, if your challenge is successful, the no contest clause will have no effect.

You should always check whether there is a “no contest” clause in the Will you wish to contest before deciding whether to proceed with your claim.

Beneficiaries are typically entitled to receive information about their inheritance, a copy of the Will (once probate has been granted) and, if they are residuary beneficiaries, the final estate accounts showing the estate’s assets, liabilities, and expenses. While beneficiaries do not have an automatic right to inspect all estate documents, they can request updates on the progress of estate administration.

An executor must not act for personal benefit, alter the terms of the Will, or distribute assets before paying the estate’s debts and taxes. They are prohibited from mixing estate funds with their own, selling assets for less than their market value, or disregarding the rights of beneficiaries. An executor also cannot take any actions without proper legal authority, such as probate.