What is Contentious Probate?

Contentious probate is any legal dispute about a person’s estate after they die, such as whether their will is valid or how the estate is being shared out. It can involve the will itself, the executors, or who inherits when there is no will. This process can be difficult for families and lead to many mixed feelings, but understanding when an estate can be contested can help answer many questions, and make a troubling time less confusing for all.

This article will look at what contentious probate is and how our contentious probate solicitors can help you do what is best for you and your loved ones.

Yes. Contested probate, disputed probate and contentious probate all mean the same thing: a dispute about whether a will is valid or how an estate is being shared out after someone dies. It can be about the will itself, the executors, or who inherits when there is no will.

Contentious probate in the UK refers to a legal dispute that arises when the validity of a will or the distribution of an estate is called into question. For example, this can happen when a family member or other interested party feels that they have not been fairly treated in the will, or they suspect that the will was made under duress or without proper legal formalities, both reasons that can invalidate the contents.

In such cases, a solicitor can play a crucial role in representing their client's interests and helping to resolve the dispute. This may involve advising on the legal options available to the client, such as contesting the will, negotiating a settlement with other beneficiaries, or seeking a court order to protect their client's interests.

Contentious probate disputes can happen for a variety of reasons, including but not limited to:

• 'Further provisions', this is common amongst spouses and children who feel they should have received more from the deceased's will, especially if they were financially dependent on them under the legislation.
• Issues with executors of the will, such as a disagreement regarding the appointment or actions of one.
• Lifetime gifts and promises.
• Mistakes and disagreements, such as a dispute over the correct ownership of property or the value of an asset.

In the UK, when someone dies without leaving a valid will, it is known as intestacy. In such cases, the law sets out who should inherit the deceased person's assets. However, this can still lead to disputes between family members or others close to the deceased, especially if significant assets are involved or questions about the deceased's wishes. These disputes are still considered to be contentious probate, and you should always contact a solicitor if you feel the will or the estate is not being correctly handled.

Costs depend on what is in dispute and how far it has to go. Many estate disputes are resolved by correspondence once the executor’s duties are spelled out, which keeps costs modest. Where court is needed, costs rise, and in some cases the court can order them to be paid from the estate, although that is never guaranteed. Before you commit, we explain how we would charge and what the likely costs are at each stage. You can read more on our contentious probate solicitors page.

Here at Symes Bains Broomer, our team of professionals can assist with a wide range of legal matters. If you have any further queries on this matter, please get in contact with our staff today.