What is Contentious Probate?

The term “contentious probate” refers to disputes that arise during the probate process - the legal procedure for administering a deceased person's estate. Contentious probate disputes typically occur when there are disagreements among family members, beneficiaries, or other parties involved regarding the terms of a Will or the distribution of the deceased person’s assets.

Disputes can also arise if beneficiaries are unhappy with the behaviour of Executors or Administrators or if those Executors or Administrators themselves cannot get on with each other.

Some common types of contentious probate disputes include:

Will Disputes: Disagreements may arise over the validity of a Will. Family members might disagree over whether the Will reflects the true intentions of the decease. This can involve allegations of undue influence, lack of mental capacity when the Will was made, or that the Will was not validly executed in accordance with the requirements of the Wills Act 1837.
Claims Against the Estate: Beneficiaries or family members or those who were financially supported by the deceased person may also make claims for a larger share of the estate under the Inheritance (Provision for Family and Dependants) Act 1975. This Act allows certain individuals, such as spouses, children, or dependants to bring claims against an Estate if they can argue that the terms of the Will or the operation of the rules of Intestacy do not provide adequately for them.
Executor Disputes: Issues can also arise between beneficiaries and Executors or Administrators of an Estate (the individuals responsible for administering the estate in accordance with a Will or the Intestacy Rules). Disagreements might centre around how the estate is being managed or whether the Executor or Administrator is fulfilling their duties properly. If Executors or Administrators themselves cannot work together that may also lead to problems and applications may be made to replace them with an independent professional.

Will challenges and claims against Estates, Executors or Administrators can be complicated, emotionally charged and can lead to lengthy legal battles. Avoiding such disputes is not always easy but the first place to start is by ensuring that your Will is carefully drafted, reflects your intentions and that the content has been communicated to family and friends who may be affected by the Will. Speaking to a professional who specialises in drafting Wills is key.

After a death, if there are issues it is equally important to seek specialist advice from lawyers who have expertise in challenging a Will or acting in contentious probate disputes.

If you are involved in a Contentious Probate dispute or have concerns about a Will or the way an Estate is being administered please contact our expert team for help.

The information on this site about legal matters is provided as a general guide only. Although we try to ensure that all of the information on this site is accurate and up to date, this cannot be guaranteed. The information on this site should not be relied upon or construed as constituting legal advice and Howes Percival LLP disclaims liability in relation to its use. You should seek appropriate legal advice before taking or refraining from taking any action.

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