What is contentious probate?

Contentious probate refers to disputes about an individual's estate after they pass away. This process can be difficult for families and lead to many mixed feelings, but understanding when an estate can be contested can help answer many questions and make a troubling time less confusing for all involved.

This article will examine what contentious probate is and how a solicitor can help you do what is best for you and your loved ones.

What is contentious probate, and why do I need a solicitor?

Contentious probate in the UK refers to a legal dispute that arises when the validity of a Will or the distribution of an estate is called into question. For example, this can happen when a family member or other interested party feels that they have not been fairly treated in the Will, or they suspect that the Will was made under duress or without proper legal formalities – both reasons that could result in a Court ruling to decide whether the Will is invalid.

In such cases, a solicitor can play a crucial role in representing their client's interests and helping to resolve the dispute. This may involve advising on the legal options available to the client, such as contesting the Will, negotiating a settlement with other beneficiaries, or seeking a court order to protect their client's interests.

Contentious probate when there is a Will

Contentious probate disputes can happen for a variety of reasons, including but not limited to:

• An unmet expectation on the part of a beneficiary of an inheritance. 
• Issues with the executors of the Will, such as a disagreement regarding their appointment or actions of one or more of them.
• Perceived unfairness of gifts made during the lifetime of the deceased to one individual and not another and promises to make provision in a Will for a beneficiary which was never acted upon.
• Mistakes and disagreements, such as a dispute over the correct ownership of property or the value of an asset.

Contentious probate when there is no Will

In the UK, it is known as intestacy when someone dies without leaving a valid Will. The law sets out who should inherit the deceased person's assets in such cases. However, this can still lead to disputes between family members, especially if significant assets are involved or the application of the intestacy rules serves to override the deceased's expressed testamentary wishes. Since cohabitants and step-children are not entitled to a share of the deceased's estate under the intestacy rules, they may wish to make a claim for provision from the estate. These disputes are still considered contentious probate, and you should always contact a solicitor if you feel the Will or the estate is not correctly handled. 

Help and advice when you need it most

If you need a solicitor to represent you with contentious probate, we have a dedicated team on hand to help. We can review your case and advise on the best course to take. With 170 years of experience assisting clients with Wills and Probate, you will be in safe hands every step of the way. For more information or to start contentious probate, please get in touch with our Private Client team on 01329 288121 or email enquiries@warnergoodman.co.uk.

You can also visit our Wills and Probate page to learn more about the services we provide.