Wills & Probate Disputes

A will dispute arises when someone challenges the validity or fairness of a deceased person’s will.

This can involve questioning the legal validity of the will, the capacity of the deceased when making the will, or the fairness of the estate distribution.

In England, beneficiaries named in the will, individuals financially dependent on the deceased, those who would inherit under intestacy rules, and people named in an earlier will can contest a will.

Common grounds for contesting a will include lack of testamentary capacity, undue influence, lack of valid execution, fraud or forgery, lack of knowledge and approval, and failure to make reasonable financial provision.

The evidence required may include medical records, witness statements, financial records, the will itself, and expert reports such as handwriting analysis.

The time limits for contesting a will depend on the type of claim. For claims under the Inheritance (Provision for Family and Dependants) Act 1975, there is a six-month limit from the grant of probate.

There is no fixed time limit for challenges based on undue influence or lack of capacity, but prompt action is advisable. Potential outcomes include the will being upheld, invalidated, or partially altered to provide for a dependent.

The costs of contesting a will vary depending on the complexity of the case and may include legal fees, court fees, and possible cost orders if the case is lost. Will disputes can often be settled out of court through negotiation or mediation, which can save time and money. It is essential to seek legal advice and understand the potential risks before proceeding.

A probate dispute arises when there is disagreement over the administration of a deceased person’s estate, such as contesting the validity of a will or disputing the distribution of assets.

Individuals involved may include beneficiaries named in the will, executors or administrators of the estate, individuals inheriting under intestacy rules, creditors of the deceased, and those financially dependent on the deceased.

Common causes of probate disputes include questioning the will’s validity, disagreements over how the executor handles the estate, inheritance disputes, claims under the Inheritance (Provision for Family and Dependants) Act 1975, and conflicts over intestacy.

Grounds for challenging a will’s validity include lack of testamentary capacity, undue influence, improper execution, fraud or forgery, and lack of knowledge and approval by the deceased.

An executor is responsible for administering the estate, including managing assets, paying debts, and distributing the estate to beneficiaries. They can be removed for misconduct, conflict of interest, failure to administer the estate properly, or unreasonable delays.

If no valid will exists, the estate is distributed according to intestacy rules, which may also lead to disputes over who should act as the administrator and how the estate should be divided.

In a probate dispute, individuals should seek legal advice from a solicitor specialising in probate and estate disputes, gather relevant documents and evidence, and be prepared for negotiation, mediation, or court proceedings if necessary. Time limits for bringing a dispute vary: for claims under the Inheritance (Provision for Family and Dependants) Act 1975, the limit is six months from the grant of probate, while challenges to the validity of a will do not have a specific time limit but should be made promptly.

Costs can vary widely depending on the complexity of the case, and may include legal fees, court fees, and potential cost orders if the case is lost. Some solicitors may offer Conditional Fee Agreements, but these are rare. Outcomes of a probate dispute can range from upholding or invalidating the will, removing an executor, to determining the distribution of the estate. Disputes can often be resolved out of court, saving time and expenses. If the dispute goes to court, the process may take several months to years, depending on complexity.