Probate disputes can be challenging to navigate for many families. They can become even more difficult when it comes to contentious probate, a complex area of family and estate law that refers to disputes arising during the administration of a deceased person’s estate.
Understanding when an estate can and should be contested can help many grieving families and loved ones answer many questions about probate and make a troubling time less difficult for all involved.
At George Ide LLP, our experienced contentious probate solicitors specialise in navigating these challenging situations, providing expert guidance and representation to our clients. This comprehensive guide will help you understand the key aspects of contentious probate and how to approach such disputes effectively.
What is Contentious Probate?
Contentious probate refers to legal disputes that concern the distribution of a deceased person’s estate.
Contentious probate disputes arise when beneficiaries contest the validity of a will or disagree with the proposed distribution of assets.
Common Contentious Probate Issues
A family member, surviving spouse or other interested party or dependant may feel that they have not been fairly treated in the wills or have been unfairly excluded, or they may suspect such a will was made without the deceased’s mental capacity, or under duress or without proper legal involvement.
In such cases, it’s wise to involve a professional contentious probate solicitor who can represent your best interests and bring a quick resolution to the dispute(s).
Common issues in contentious probate include:
- Improper drafting or execution of wills and interpretation of will provisions
- Challenges to the deceased’s mental capacity (e.g. dementia)
- Undue influence or coercion, such as pressure to leave certain things to someone
- Concerns about executor conduct
- Trust disputes
- Perceived unfairness of gifts
- Opposition and revocations of grants or wills
- Proprietary estoppel
- Negligence
- Claims for financial provision under the Inheritance Act
Grounds for Contesting a Will
There are several grounds on which a will can be contested:
- Lack of testamentary capacity: The testator (person making the will) must have had the required testamentary capacity. The test which is applied is set out in Banks v Goodfellow [1870] LR 5 QB 549, which states that the testator must:
- understand the nature of making a will and its effect
- understand the extent of his/her property
- be able to comprehend and appreciate the claims to which he/she ought to give effect
- have no disorder of the mind which ‘shall poison his affections, pervert his sense of right, or his will in disposing of his property’
- Undue influence: The testator acted against their own free will and that they were coerced into making a will that they did not wish to make.
- Lack of knowledge and approval: The testator must have understood and approved the will’s contents. This can occur where the deceased was frail, vulnerable, hard of hearing or visually impaired and the will is particularly complex or unusual.
- Improper execution: A will is not valid unless it is in writing, signed properly by the testator and there are two witnesses present.
- Fraudulent or forged wills: Claims that the will has been tampered with or fraudulently created.
Who Can Make a Contentious Probate Claim?
Anyone with a valid interest in the deceased’s estate can bring a contentious probate claim forward via a solicitor. This may include:
- Family members
- Beneficiaries named in the current or previous will(s)
- Individuals who were financially dependent on the deceased
Resolving Contentious Probate Disputes
While civil litigation is sometimes necessary, there are often alternative methods to resolve contentious probate disputes.
- Negotiation: Parties may reach an agreement through direct discussions or via their solicitors.
- Mediation: A neutral third party helps facilitate discussions between the parties to reach a mutually acceptable resolution.
- Alternative Dispute Resolution (ADR): Other forms of ADR, such as arbitration, may be appropriate in some cases.
The Importance of Professional Legal Advice
Contentious probate cases can be emotionally charged and legally complex. Seeking professional legal advice early is crucial to ensure compliance with time limits and complex claims, navigate difficult legal procedures, explore all dispute resolution options, and preserve your best interests throughout the process.
At George Ide LLP, our experienced contentious probate solicitors provide expert guidance tailored to your specific circumstances. We understand the sensitive nature of these disputes and strive to achieve the best possible outcome for our clients while minimising conflict and preserving family relationships where possible.
For more information or to discuss your specific case, please contact our dedicated contentious probate team at George Ide LLP. We’re here to help you achieve a fair and just resolution to your probate dispute.
Disclaimer: This guide provides general information about contentious probate and the claim process. It should not be considered legal advice. Every situation is unique, and we recommend seeking professional legal advice for your specific circumstances.
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Author: Paul Lewis
Published on:
Last updated: 17th March 2025
