Everything You Need to Know About Contentious Probate in the UK

Navigating probate can be a complex process, but things can become even more challenging when it
comes to contentious probate. In this guide, we’ll cover everything you need to know about contentious probate,
including what it is, why you might need a solicitor, and how to handle disputes over a loved one’s
estate.

What is Contentious Probate?

Contentious probate refers to legal disputes that arise during the administration of a deceased person’s
estate. These disputes often involve disagreements over the validity of a will or the distribution of assets. Here are some common issues addressed in contentious probate:

– Will Validity: Disputes over whether a will is legally valid.
– Capacity: Claims that the deceased lacked the mental capacity to make a will.
– Fraud and Forgery: Concerns about fraudulent or forged wills.
– Inheritance Rights: Issues regarding who is entitled to inherit.
– Mutual Wills: Disputes over whether mutual wills are valid.
– Opposing Grants: Challenging the issuance of a grant of probate.
– Presumed Death: Issues related to declaring someone legally dead.
– Proprietary Estoppel: Claims based on promises made about inheritance.
– Revocation of Wills and Grants: Disputes over the cancellation of wills or probate grants.
– Trust Disputes: Issues involving the terms of a trust.
– Undue Influence: Claims that the deceased was manipulated into changing their will.
– Want of Due Execution: Disputes over whether a will was executed correctly.

Why Do I Need a Solicitor for Contentious Probate?

Dealing with a loved one’s estate can be emotionally taxing, and contentious probate can add layers
of stress and complexity. A qualified solicitor is crucial in this process for several reasons:

– Expert Representation: Solicitors provide expert legal advice and represent your interests in disputes.
– Diplomatic Resolution: They handle negotiations and court proceedings with professionalism and tact.
– Support: Solicitors offer support through a challenging time, helping you navigate legal complexities.

What Are Probate Rules?

Probate rules govern the legal process of managing a deceased person’s estate. These rules include:

– Obtaining a Grant of Probate: The official legal document needed to manage the estate.

– Resolving Disputes: Guidance on how to handle disagreements over the will or estate.
– Procedures for Intestacy: How to distribute the estate if there is no will.

Contentious Probate With a Will

Contentious probate with a will can arise from various issues, such as:

– Mistakes in the Will: Errors in the will’s terms or execution.
– Unfair Distribution: Perceived inequities in how assets are divided.
– Executor Concerns: Issues with the actions of the appointed executor.
– Fraudulent Wills: Claims that the will was obtained through deceit.
– Coercion: Accusations that the deceased was pressured into creating or changing the will.

Contentious Probate Without a Will

If there is no valid will, the estate is divided according to intestacy laws. This situation can still
lead to contentious probate if:

– Intestacy Claims: Disagreements over the distribution of the estate under intestacy rules.
– Challenges to Intestacy Law: Disputes over who should inherit under the law.

How Long Does Probate Take?

The duration of probate can vary widely. Factors affecting the length of the process include:

– Case Complexity: The more complex the estate or the disputes, the longer the probate process will
take.
– Cooperation: The willingness of parties to cooperate can impact the timeline.
– Size of the Estate: Larger estates with more assets and beneficiaries can take longer to settle.

Who Can Bring a Contentious Probate Claim?

Anyone with a legal interest in the estate can bring a contentious probate claim. This includes:

– Family Members: Spouses, children, and other relatives.
– Beneficiaries: Individuals named in the will or those who believe they should have been included.

How Can Contentious Probate Proceedings Be Resolved?

Contentious probate disputes can be resolved through various methods, including:

– Negotiation and Mediation: Most disputes can be settled through discussions between parties.
– Litigation: In some cases, disputes may need to be resolved in court.

Common Reasons to Contest a Will

Here are some frequent grounds for contesting a will:

– Lack of Mental Capacity: The deceased did not have the mental ability to make a will.
– Undue Influence: The deceased was coerced into making or altering the will.
– Disinheritance: Claims that the will unfairly excludes someone who should have been included.
– Mistakes in the Will: Errors or improper execution of the will.
– Fraud or Forgery: The will was fraudulently created or forged.

What is a Grant of Probate?

A grant of probate is a legal document that gives the executor the authority to manage the deceased’s
estate. It is required to:

– Access Bank Accounts: Handle the deceased’s financial accounts.

– Sell Assets: Dispose of property or other assets.
– Settle Debts: Pay off any outstanding debts.

How Much Does Contentious Probate Cost?

The cost of contentious probate can vary based on several factors:

– Case Complexity: Complex cases will generally be more expensive.
– Duration: Longer proceedings will incur higher costs.
– Legal and Court Fees: Costs for legal representation and court proceedings.

Solicitors will provide a detailed cost estimate and often aim to resolve disputes through less
costly methods before considering court action.

Who Pays for the Costs in Contentious Probate?

Contentious probate costs depend on the outcome of the case:

– Successful Claims: The losing party may be required to cover legal fees.
– Unsuccessful Claims: The unsuccessful party might have to pay their own costs.

Solicitors will explain potential costs and how they might be covered depending on the case’s outcome.

For further advice please get in touch with our team today by calling 020 8538 0182 or +44 7857 809932, or you can email us on [email protected].

Please note these blogs are to enhance your knowledge and are not tailored advice, for specific advice please get in touch with our outstanding team.