Types of contentious probate disputes

When a loved one passes away, emotions often run high, making disputes over their estate particularly challenging.

Contentious probate disputes can arise for numerous reasons, and each situation requires careful analysis and practical advice from experienced solicitors. These disputes frequently involve complex issues of law and sensitive family dynamics. Knowing about the various types of contentious probate disputes will help you understand the possible scenarios you may face and what your options are.

Validity of a will

One of the most common types of contentious probate disputes involves arguments concerning the validity of a will itself. Questions might emerge regarding whether the deceased individual had sufficient mental capacity when they made their will. Capacity issues can arise if the individual had dementia, Alzheimer’s disease, or another mental impairment.

Disputes may also occur when it is alleged that the deceased was unfairly influenced by someone else when drafting their will. Claims of undue influence require an in-depth investigation into the circumstances around the creation of the will. Additionally, if procedural mistakes were made, such as inadequate witnessing or improper signing, beneficiaries or potential beneficiaries may choose to contest the will.

Inheritance Act claims

Another frequent category of probate dispute arises under the Inheritance (Provision for Family and Dependants) Act 1975. These claims typically involve individuals who believe they have not received reasonable provision from the deceased’s estate. Specified categories of people such as spouses, children, and long-term dependants can claim that they must be awarded greater provision to appropriately support their needs.

The Court will assess these claims by examining the size and nature of the estate, the claimant’s financial circumstances, and the deceased’s obligations towards the claimant. These cases require rigorous scrutiny of financial details and careful negotiation or litigation to achieve fair outcomes.

Executor or trustee disputes

Executors and trustees of will trusts have substantial responsibilities, and issues can arise concerning their suitability for their role or their actions. Beneficiaries concerned about how executors or trustees are handling an estate or trust may raise allegations of mismanagement, negligence, or even financial misconduct. Such disputes can be particularly sensitive, as they involve accusations against individuals entrusted with carrying out the deceased’s wishes.

Resolving these disputes may require legal intervention and possibly the removal and replacement of an executor or trustee. In some cases executors and trustees can be ordered to pay money back to beneficiaries for negligent or fraudulent activities. Ensuring transparency and accountability throughout the process is critical in protecting the estate and its beneficiaries.

Disputes over estate administration

Probate and estate administration disputes arise when concerns appear about delays or lack of diligence in winding up the estate. Beneficiaries expect estates to be administered swiftly and correctly, and prolonged delays can increase tensions and mistrust among family members and executors.

Delays can also lead to financial detriments for beneficiaries, particularly if the administration of the estate involves valuable assets such as property or investments. Specialist probate solicitors can help manage such disputes by working proactively and diplomatically with executors, trustees, and beneficiaries to resolve disagreements swiftly and effectively.

Disputes involving trust interpretation

Will trusts are legal arrangements that sometimes become the subject of debilitating disputes. Such disputes frequently involve uncertainty or confusion regarding the exact wording or interpretation of trust documents. Beneficiaries may dispute how assets should be distributed or managed, especially if the terms of the will trust are ambiguous or poorly drafted.

These disputes may require detailed legal advice and sometimes court interpretation to clarify the trust’s intended purpose and ensure assets are managed in accordance with the deceased’s wishes.

Claims of proprietary estoppel against an estate

Proprietary estoppel disputes against an estate generally occur when a deceased individual allegedly made promises that someone relied upon, but never formally documented within their will or estate plan. The person who relied on that promise will then have done so at their detriment. For instance, someone might argue that they were promised a particular property or asset and acted to their detriment based on this expectation such as by improving that land or asset at their own expense. If these promises are not reflected in the will then depending on the particular circumstances of a matter, beneficiaries or non-beneficiaries can pursue claims to enforce the assurance given to them.

Contentious probate disputes are complicated, emotional, and uniquely challenging. Specialist legal advice is essential, whether in negotiating settlements, engaging in mediation, or proceeding to litigation.

At Moore Barlow, our contentious probate solicitors offer tailored, practical support with sensitivity and determination, ensuring you achieve the best possible outcome, irrespective of the complexity of your situation.