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Probate Dispute

Probate Disputes Solicitors

Probate disputes happen when there's disagreement over how to handle someone's estate after they pass away. This can involve arguments about assets, wills, or difficult executors. Reasons for the rise in probate disputes include:

• More diverse families due to second marriages, leading to conflicts over inheritance;

• People making or changing wills later in life, raising concerns about mental capacity;

• Higher property values making estates more valuable, increasing the likelihood of inheritance disputes.

What is probate? 

Probate is the legal process that grants someone the authority to distribute assets of a deceased person according to their will or intestacy rules (if there’s no valid will). 

What are probate disputes? 

Probate disputes are legal disagreements regarding wills, including questioning their validity and enforceability. These disputes can arise for various reasons, such as:

1. Whether the will was created following proper legal procedures;

2. The deceased's mental capacity when making the will;

3. Whether the will accurately reflects the deceased's wishes;

4. Suspicions of undue influence by another person;

5. Allegations of fraudulent manipulation (fraudulent calumny);

6. Instances of fraud.

At Lawhive, our probate dispute solicitors are here to provide help and guidance relating to these kinds of legal disputes. For more information and a free case evaluation from our Legal Assessment Team, contact us today. 

Common probate disputes 

Probate disputes involve various issues with wills and estates. Some common examples include:

• Challenging a will if the person wasn’t mentally capable when making it;

• Creditors claiming money from the deceased's estate;

• Beneficiaries who are unable to inherit if they caused the testator's death unlawfully;

• Challenging a will due to alleged forgery;

• Accusations of deception in making the will;

• Claims for inadequate provision under inheritance laws;

• Disputes if the person didn’t understand or approve the will's contents;

• Issues with mutual wills;

• Claims against executors for mishandling assets;

• Seeking a declaration of presumed death for missing persons;

• Claims based on promises about inheritance;

• Correcting errors in a will;

• Challenging a will's validity due to revocation or other reasons;

• Claims for professional negligence;

• Disputes involving trusts or beneficiaries;

• Allegations of undue influence;

• Challenging a will that doesn’t meet legal requirements.

Other grounds for claims against an estate

The most common legal claim against an estate is for financial provision under the Inheritance (Provision for Family and Dependents) Act 1975. This law allows certain individuals to seek reasonable financial support if they haven't been adequately provided for in a deceased person's will or under intestacy rules. 

These claims don’t question the validity of the will. Instead, they ask the court to use the law to ensure fair distribution of assets from the estate, especially for those who were financially dependent on the deceased.

Who can raise a probate dispute? 

Probate can be disputed by: 

• Beneficiaries under a current or previous will; 

• Financial dependent family members; 

• Individuals who were promised something by the deceased that was not in the will. 

Probate disputes based on lack of reasonable financial provision can only be sought by dependents of the deceased, like a spouse, civil partner, cohabiting partner, or child.

How long do I have to raise a probate dispute?

Some claims have a six-month time limit starting from the grant of probate. Others have longer periods.

If you have concerns about an estate or are caught in a probate dispute, it’s best to contact a wills, trust, and probate lawyer as soon as possible for advice on handling the situation.

Can I stop a grant of probate from being issued? 

Yes, if a probate dispute arises a ‘caveat’ can be lodged with the court which prevents others from getting probate until you’ve had a chance to raise your concerns. 

When can I raise a probate dispute?

It's ideal to address a probate dispute before probate is granted. However, if necessary, you can contest a will even after probate has been granted, provided you have valid reasons.

How do you find out how a will was prepared? 

For a will to be valid, it must meet specific criteria. For example, individuals under 18 generally can't make a will unless they're in the armed forces or a mariner at sea. Additionally, the will must be in writing, signed by the person making it (or by someone else if directed), witnessed by two or more people simultaneously, and signed by those witnesses in the presence of the person making the will.

If you're worried that a will may be invalid, our probate dispute solicitors can investigate. They'll gather details from the solicitor who prepared the will and may collect additional information like medical records, especially if testamentary capacity is a concern. If needed, experts like handwriting analysts may be consulted to further solidify your case.

The wording of a will is not clear. Can I dispute it? 

Sometimes, especially with DIY wills, it's not clear what the person who made the will intended. This can lead to disputes during probate. If a will is unclear or ambiguous, it can be contested, but it's best to get legal help to make your case stronger. A solicitor can help interpret the terms of the will and ask the court to clarify any disagreements.

In some cases, you can ask the court to fix mistakes or misunderstandings in a will. But you need to do this within six months of probate being granted. If you're not sure about a will's wording or meaning, contact us for help.

What happens if a court invalidates a will after a probate dispute? 

If, following a probate dispute, the court invalidates a will, how assets are distributed is up to the court. Typically, assets will be distributed to the most recent valid will or the rules of intestacy. However, there are no guarantees. If there is no surviving family, the estate goes to the Crown. 

Who can get a copy of a will during probate? 

Before a grant of probate is obtained, only the executors listed in the will can see it. Others can only get a copy of a will, or access to it if executors agree.

After obtaining probate, the will becomes public and accessible for a small fee. However, for estates where probate isn't needed, the will remains private.

How should executors deal with probate disputes? 

Typically, those handling a deceased person's estate should stay neutral during probate disputes among beneficiaries.

However, sometimes executors or representatives may face complaints about how the estate is managed, like delays in asset distribution or neglecting duties. This can be overwhelming, especially for new executors. If you receive such a complaint, a solicitor can offer guidance on the best steps to take and help resolve the issue efficiently, reducing stress.

Get expert legal help with probate disputes

At Lawhive, our probate dispute solicitors specialise in various contentious probate matters. We offer fixed fees for our services to make legal assistance more accessible.

Contact our Legal Assessment team for a free consultation and a fixed fee quote from our expert solicitors.