The Main Reasons for Contentious Probate

Contentious probate arises when there is a dispute over the administration of a deceased person’s estate. In the UK, such disputes can become complex and lead to lengthy legal battles. Here are some of the main reasons probate may become contentious.

1. Validity of the Will

One of the most common grounds for dispute is the validity of the will. Challenges can arise if:

• The will was not properly executed - for example, it wasn’t signed or witnessed correctly under the Wills Act 1837.
• There are suspicions of fraud or forgery.
• The testator (the person making the will) lacked ‘testamentary capacity’ due to factors such as having dementia at the time of making the will.
• There was undue influence, where a beneficiary coerced the testator into making changes in their favour.

2. Inheritance Act 1975 Claims

Under the Inheritance (Provision for Family and Dependants) Act 1975, certain people can challenge a will if they believe they have not been adequately provided for. This includes spouses, children (biological, adopted, or dependent stepchildren), cohabiting partners, and those financially dependent on the deceased. A claim can arise if a will fails to make reasonable financial provisions for these individuals.

3. Disputes Between Executors and Beneficiaries

Executors have a duty to administer the estate fairly and in accordance with the will or intestacy laws. Beneficiaries may dispute probate if they believe:

• The executor is mismanaging funds or delaying the distribution.
• There is a lack of transparency in handling estate assets.
• The executor is acting in bad faith or for personal gain.

4. Issues of Intestacy

If a person dies without a valid will (intestate), their estate is distributed according to intestacy rules, which may not align with the deceased person’s wishes. This often leads to disputes among relatives, especially where unmarried partners or stepchildren are excluded under the law.

5. Ambiguities in the Will

Wills that contain unclear or contradictory provisions may lead to disagreements over interpretation. In these cases, a court may need to intervene to determine the testator’s true intentions.

Seeking legal advice early can help resolve disputes more efficiently and prevent costly litigation. If you would like to have a chat, please get in touch by calling 020 3649 0550 or dropping me a note here, on LinkedIn.