Most estates are administered without disagreement, but every so often a probate dispute arises that brings the process to a halt and places real strain on a family already grieving. These disagreements can be about the validity of a will, the way an estate is being handled, or whether someone has been fairly provided for, and they tend to surface at an already difficult time. This article looks at probate disputes: common causes and how they are resolved.
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What Is A Probate Dispute?
A probate dispute is any disagreement connected with the estate of a person who has died. It may involve a challenge to the will itself, a claim by someone who feels they should have received more, or a complaint about how an executor is carrying out their duties. The people involved are often relatives, but can also include beneficiaries, executors and others with a financial interest in the estate.
What these disputes have in common is that they can delay the administration, deplete the estate through legal costs, and damage relationships between family members. For that reason, understanding the causes and the options for resolution early is incredibly valuable.
What Are The Most Common Causes Of Probate Disputes?
Probate disputes tend to fall into a few recognisable categories, which include:
- The validity of a will. This can involve a claim that the person did not have the mental capacity to make it, that they were unduly influenced or pressured, that the will was not signed and witnessed correctly, or that it is a forgery.
- The meaning of a will. Where the wording is unclear or appears to contradict itself, beneficiaries may disagree about what the deceased actually intended.
- Where someone believes they have not been adequately provided for. Certain people, such as a spouse, a former spouse who has not remarried, a child or someone who was financially dependent on the deceased, may be able to bring a claim under the Inheritance (Provision for Family and Dependants) Act 1975.
- The conduct of the executor or administrator, for example, where beneficiaries consider that the estate is being handled too slowly, that assets are being mismanaged, or that proper information is not being provided.
How Are Disputes About A Will’s Validity Handled?
Where the validity of a will is in question, the first step is often to preserve the position while matters are investigated. This can be done by entering a caveat at the Probate Registry, which prevents a grant from being issued until the concern has been looked into.
From there, evidence is gathered. This might include the deceased’s medical records, the file of the solicitor who prepared the will, and statements from witnesses. In many cases, the evidence resolves the matter one way or the other without the need for court proceedings. Where it does not, the dispute may ultimately have to be decided by a court, though that is very much a last resort.
How Are Inheritance Claims Resolved?
Claims by people who feel they have not been adequately provided for follow a different path, because they do not challenge the validity of the will but ask the court to alter how the estate is shared. These claims are subject to strict time limits, usually six months from the date of the grant, so acting promptly is essential.
Most such claims are settled by negotiation rather than going to a final hearing. The parties, with the help of their advisers, weigh the strength of the claim and the cost and risk of litigation, and reach a compromise. Resolving matters in this way is generally quicker, less expensive, and less damaging to family relationships than a contested trial.
What Options Exist For Resolving Disputes Without Court?
Going to court is expensive, slow, and stressful, and it is rarely the best outcome for anyone. For that reason, there is a strong emphasis on resolving probate disputes by other means.
Negotiation between the parties, often conducted through their solicitors, resolves many disputes. Mediation, in which an independent third party helps the parties reach agreement, is particularly effective in family matters, because it allows a solution to be found that a court could not impose and helps preserve relationships. These approaches also keep costs down and bring matters to a close far sooner than litigation.
Court proceedings remain available where agreement genuinely cannot be reached, but they are approached as the final option rather than the first.
How Can A Probate Dispute Be Avoided?
Many probate disputes can be prevented by careful planning. A professionally drafted will, prepared by a solicitor who records the person’s instructions and is satisfied as to their capacity, is far harder to challenge than a homemade one. Keeping the will up to date, explaining decisions to family where appropriate, and taking advice where provision for a dependant is a concern all reduce the likelihood of a later dispute.
Sound administration also helps. An executor who keeps proper records, communicates openly with beneficiaries and takes advice where needed is much less likely to face a complaint about their conduct.
How Can Bartletts Solicitors Help?
Probate disputes are sensitive and technical, and the way they are handled at the outset often shapes the outcome. Our team can advise you whether you are concerned about a will, defending your position as an executor, or considering a claim against an estate. We aim to resolve matters constructively wherever possible, through negotiation or mediation, and to keep the cost and the strain on the family to a minimum.
To speak to our experts please call us free of charge on 0800 988 3674 or Make A Free Online Enquiry.
