Losing a loved one is never easy. Unfortunately, disputes can sometimes arise during the administration of an estate, particularly where family members, beneficiaries, executors or dependants disagree about the contents of a will or the way an estate is being managed.
These disputes are commonly referred to as contentious probate claims (or contested probate claims). They can arise whether the deceased left a valid will or died without one. Contentious probate is an umbrella term used to describe a range of inheritance, trusts and estate disputes, including challenges to the validity of a will, claims against executors, Inheritance Act claims and disputes involving trusts and estate administration.
Understanding how the process works can help individuals determine whether they have grounds to bring a claim and what steps they should take next.
Why might someone make a contentious probate claim?
There are many reasons why a person may challenge a will or the administration of an estate.
Common examples include:
- Concerns that the deceased lacked mental capacity (or properly called testamentary capacity) when making their will
- Allegations of undue influence, where someone pressured the deceased into changing their will
- Suspicions of fraud or forgery
- Concerns that the will was not properly executed
- Claims that a spouse, child or dependant has not been left reasonable financial provision
- Disputes over the actions of executors or administrators
- Disagreements relating to trusts or assets owned by the deceased
In some cases, beneficiaries may believe that the deceased’s true intentions have not been reflected in the final will. In others, an executor may be accused of failing to administer the estate correctly or acting in a way that disadvantages beneficiaries.
Step 1: Identifying the type of claim
The first stage is understanding the legal basis of the dispute.
Contentious probate is not a single claim. Instead, it encompasses a range of legal actions that relate to estates and inheritance matters. Common claims include:
Will validity claims
These involve challenges around whether a will is legally valid. Grounds may include:
- Lack of testamentary capacity
- Undue influence
- Fraud or forgery
- Lack of knowledge and approval
- Failure to comply with the formal requirements for signing a will
Inheritance Act claims
Under the Inheritance (Provision for Family and Dependants) Act 1975, certain individuals may be able to claim reasonable financial provision from an estate if they have not been adequately provided for.
Potential claimants can include:
- Spouses and civil partners
- Former spouses in some circumstances
- Children
- Individuals treated as children of the family
- Financial dependants of the deceased
Executor and estate administration disputes
Disputes may arise where beneficiaries believe executors are:
- Delaying administration
- Failing to provide information
- Acting improperly
- Creating conflicts of interest
- Mismanaging estate assets
In some circumstances, an application can be made to remove or replace an executor.
Step 2: Seeking early legal advice
Contentious probate is a specialist area of law with its own procedural rules and court processes. B P Collins highlights that these disputes often involve complex legal requirements regarding which court should hear the matter, who should be involved in proceedings and what evidence is needed.
Obtaining legal advice at an early stage can help establish:
- Whether a claim has reasonable prospects of success
- What evidence is required
- Any applicable time limits
- The likely costs and risks involved
Many disputes can be resolved more efficiently when advice is sought before positions become entrenched.
Step 3: Gathering evidence
Before formal proceedings begin, evidence will usually need to be collected. The type of evidence depends on the nature of the claim.
Examples include:
- Medical records relating to the deceased’s mental/ testamentary capacity
- Witness statements from family members, carers or professionals
- Previous wills
- Financial records
- Correspondence relating to the estate
- Probate documents
- Executor accounts and administration records
The strength of the evidence often plays a significant role in determining whether a claim can be resolved through negotiation or requires court intervention.
Step 4: Protecting the estate
In some cases, it may be necessary to prevent the estate from being distributed while a dispute is investigated.
One option may be to enter a caveat at the Probate Registry. A caveat prevents a grant of probate from being issued and can temporarily stop the administration of the estate while concerns are investigated.
This can be particularly important where there are concerns regarding the validity of a will or allegations of fraud.
Step 5: Pre-action correspondence and negotiation
Before court proceedings are issued, solicitors will typically exchange correspondence outlining the claim and the legal basis for it. This stage often involves:
- Requests for information
- Disclosure of relevant documents
- Discussions regarding settlement
- Consideration of alternative dispute resolution
Many contentious probate disputes are resolved without a final court hearing. Negotiated settlements can often save significant time, cost and emotional stress for all parties involved.
In some cases, beneficiaries may agree to vary the way an estate is distributed, avoiding the need for lengthy litigation. In B P Collins’ experience, not every dispute requires a court determination and that some estates disputes can be resolved through agreement between beneficiaries.
Step 6: Issuing court proceedings
If a dispute cannot be resolved through negotiation, formal court proceedings may be necessary.
The court process will vary depending on the nature of the claim, but generally involves:
- Issuing a claim
- Serving proceedings on relevant parties
- Exchange of evidence
- Witness statements
- Expert evidence where required
- Court hearings and case management
- Trial if settlement cannot be reached
Throughout the process, parties are often encouraged to continue settlement discussions.
Step 7: Resolution and estate distribution
Once a settlement is reached or the court has delivered judgment, the estate can be administered in accordance with the agreed outcome or court order. Possible outcomes include:
- A will being declared invalid
- An earlier will taking effect
- Additional financial provision being awarded to a claimant
- An executor being removed
- The interpretation of a disputed will clause being clarified
- Changes to the way assets are distributed
Following resolution, the estate can usually proceed towards final distribution.
How long do contentious probate claims take?
The timeframe varies considerably depending on the complexity of the dispute. Straightforward claims resolved through negotiation may conclude within a matter of months. More complex disputes involving substantial estates, multiple parties or allegations of fraud can take considerably longer and may run for several years if court proceedings become necessary.
Early legal advice and a willingness to engage in constructive discussions can often help shorten the process.
The importance of specialist advice
Contentious probate disputes are often highly emotional because they arise following the death of a loved one and frequently involve close family members.
As B P Collins notes, these cases require specialist knowledge of both probate law and litigation procedure. Whether the dispute concerns a will’s validity, financial provision, estate administration or the conduct of executors, obtaining advice from experienced contentious probate solicitors can help protect your position and ensure the matter is handled effectively.
How B P Collins can help
The contentious probate team at B P Collins advises clients on a wide range of estate disputes, including will validity challenges, Inheritance Act claims, executor disputes, trust disputes and estate administration issues. The team combines specialist legal expertise with a practical and sensitive approach, helping clients navigate what is often a difficult and emotional process.
Get in touch
For more information, please contact Craig Williams or email enquiries@bpcollins.co.uk or call 01753 889995.
