Contentious Probate, Disputed Trusts and Contested Wills

Probate and estate administration are the catch-all terms for everything related to dealing with a deceased person’s estate – whether or not there is a will. A lot of the probate work we do is unproblematic. Contentious probate refers to work resulting from any kind of dispute that arises during the probate process. Where  there a doubt over the meaning of the Will for example, or where someone unhappy with what they are set to inherit, or maybe there are questions over the circumstances in which the Will was executed.

Wills disputes and disputes over inheritance under the intestacy rules (where there’s no will) are on the increase. Family relationships are more complex, estates are larger due to the increase in the value of key assets like houses, and there is a much greater public awareness of the ability to challenge a Will. In addition, many people decide to draft their own Wills that may not stand up to scrutiny of the probate authorities. Our Contentious Probate solicitors can help you deal with these challenges and provide the expert guidance you need to make the right decisions.

The Inheritance Act 1975 lists categories of individuals who can make a claim for financial provision from an estate. These include spouses and former spouses or civil partners, children and individuals who the deceased supported financially. Claims under the 1975 Act have become more common in recent years but to be successful significant legal tests must be satisfied. It is imperative that you get legal advice as soon as possible if you think you have a claim under the Inheritance Act 1975 as claims must be brought within six months of the date of the Grant of Probate or Letters of Administration.

Certain family members, including spouses, civil partners and children as well as cohabitees may contest the validity of a Will. A person mentioned in the will (or in a previously revoked Will or someone who would otherwise benefit from the estate under the intestacy rules) can also challenge the contents of a will, provided there are sufficiently strong grounds to do so. Our Wills Disputes solicitors can help you assess whether you have a valid claim and explain the steps you need to take to bring a claim forward.

Very possibly. You may have grounds to bring a claim under the legal doctrine of proprietary estoppel. You’ll need to prove that the deceased promised you that the land or property in question would come to you, that you based crucial decisions on the promise, and that you suffered some loss by relying on the promise. To find out if you have a valid claim contact one of our Inheritance lawyers to talk through your situation.

When the deceased leaves no Will, strict intestacy rules apply to the division of the estate. Even though there’s no will to challenge, an individual may be able to bring a claim under The Inheritance Act, so long as they meet the Act’s criteria. So, for example, an individual whom the deceased treated as a child (with financial and other support) will not benefit under the intestacy rules. But he or she may be able to bring a successful claim for financial provision from the estate under the Inheritance (Provision for Family and Dependants) Act 1975.

Executors have several important obligations which include:

• Must divide the estate in accordance with the terms of the Will or the rules of intestacy
• Owe a duty of care to beneficiaries to treat them all fairly and not to favour one beneficiary over another
• Must have no conflict of interest with the beneficiaries or with any aspect of the estate
• Cannot profit from their role as executors (unless payment for their work is provided for in the Will)
• Must administer the Estate in a timely manner

If beneficiaries believe an executor is not fulfilling these duties they can ask the court to remove them or bring a claim against an executor. Similarly, where there is no Will and administrators are tasked with dealing with the estate, they too can be removed by the court if the beneficiaries establish sufficient grounds. For more information get in touch with one of our Will Disputes solicitors.

Not necessarily. Our contentious probate solicitors are skilled at negotiation and all forms of Alternative Dispute Resolution (ADR), which can be a cost-effective, private and less adversarial option for families. We will always try and settle matters before court proceedings begin or before litigation goes too far. However, if an agreement is not possible there may be no option but to mount formal legal proceedings if it is agreed with our client that this is the best way forward. Naturally we will always discuss every option with our client so that they fully understand the implications of any decision they make.

Whatever the course of action, our lawyers will discuss the options available (including any risks and the costs consequences) and agree the best course of action. We understand that there may be other factors at play, for example preserving family relationship, and will provide advice and options based on the whole picture to Inheritance and Will disputes.

The time it will take to resolve a Wills dispute can vary depending on the complexity of the claim and the response received from the other side. Some cases can be resolved relatively quickly. Other Wills and Inheritance disputes can take longer to finalise. Our goal is to reach a resolution you are happy with as efficiently as possible. Our Wills disputes lawyers will work hard to resolve your case speedily but we won’t jeopardise your position in any way by settling matters prematurely.

An Executor acting in a dispute on behalf of the Estate must remain neutral. Providing they act appropriately; they may be able to recover their costs from the Estate as part of the administration. It is usually the beneficiaries of an Estate who may wish to defend a claim brought against the Estate and those costs will be payable by the beneficiaries personally.

If your claim is successful, then you may be able to claim legal costs incurred from the other side. However, if you are unsuccessful then you should be aware that you may be liable for not only your own costs but also the costs of your opponents. It may also be the case that the Court orders that all costs are paid from the Estate, but please be advised that all decisions relating to costs are at the discretion of the Court. As a result, we will ensure that we monitor your prospects of success at every stage and advise you of the same. It may also be the case that we involve a barrister to provide specialist advice on the likelihood of success and settlement parameters at the relevant time.

Our charges are calculated on the basis of time spent dealing with a matter at a fee earner’s hourly rate, the rates reflect the experience of the fee earner. We always try to resolve matters in the most proportionate and cost-effective manner, keeping costs to a minimum wherever possible.

The costs incurred can vary depending on the issues in dispute, whether a response is received from your opponents, whether they engage with us fully and are open to negotiate a settlement quickly to avoid court proceedings. If this is not the case and we are required to issue Court proceedings and proceed all the way to a fully contested hearing, then the costs could be as much as £100,000 plus VAT and disbursements (Counsel’s fees and Court fees), and the case could take approximately 18 months to 2 years to resolve.

A solicitor who specialises in disputes involving inheritance, wills and probate. Our contentious probate solicitors deal with all types of disputes that may arise in relation to a person’s estate after their death. They often act for people challenging or defending the validity of a will, seeking or defending their rightful inheritance or in matters of alleged estate or trust mismanagement. Our team of contentious probate solicitors act to protect your position, and have the capacity and expertise to support you, whatever the type of probate dispute.