What is Contentious Probate? Disputes

Probate Arguments in England and Wales

Contentious is a legal term used to describe disputes that arise over the administration of a deceased person’s estate. These disputes can be complex and time-consuming to resolve, and they can have a significant emotional and financial impact on the people involved.

There are a number of different types of inheritance disputes, including:

• Challenges to the validity of a will
• Disputes over the distribution of assets under a will
• Disputes over the appointment of executors or trustees
• Disputes over the interpretation of a will
• Disputes over the administration of an estate
• Claims against an estate by creditors or beneficiaries.

Probate arguments can be resolved through a variety of means, including mediation, negotiation, and litigation. In some cases, it may be possible to reach a negotiated settlement without the need for court proceedings. However, in other cases, it may be necessary to go to court to resolve the dispute.

If a contentious case goes to court, it will be heard by a judge in the Probate Division of the High Court. The judge will consider the evidence presented by both sides and make a decision about how the dispute should be resolved.

There are a number of common causes of contentious probate disputes, including:

• Challenges to the validity of a will: A will can be challenged on a number of grounds, including lack of testamentary capacity, undue influence, and fraud.
• Disputes over the distribution of assets under a will: A will may not distribute assets in a way that is satisfactory to all beneficiaries. For example, a beneficiary may feel that they have been left an unfair share of the estate, or they may disagree with the way in which the executor is distributing assets.
• Disputes over the appointment of executors or trustees: Beneficiaries may disagree with the appointment of an executor or trustee, or they may feel that the executor or trustee is not carrying out their duties properly.
• Disputes over the interpretation of a will: A will may be ambiguous or unclear, and this can lead to disputes about how it should be interpreted.
• Disputes over the administration of an estate: Beneficiaries may disagree with the way in which the executor is administering the estate, or they may feel that the executor is not acting in their best interests.
• Claims against an estate by creditors or beneficiaries: Creditors and beneficiaries may make claims against an estate, and these claims can lead to disputes.
• Claims under the Inheritance Act that a person supported by the deceased has not been properly provided for.

How to resolve contentious probate disputes

• Mediation: Mediation is a process in which an independent mediator helps the parties to a dispute to reach a negotiated settlement.
• Negotiation: Negotiation is a process in which the parties to a dispute try to reach a settlement themselves, without the help of a mediator.
• Litigation: Litigation is the process of taking a dispute to court.

Mediation

Mediation is a voluntary process, and it is only suitable for disputes where both parties are willing to cooperate. If both parties are willing to mediate, the mediator will meet with them individually and together to try to help them reach a settlement. The mediator will not make any decisions for the parties, but they will help them to communicate effectively and to explore different ways of resolving the dispute. Specialist mediators are required and the cost is likely to be in the range of £1,000 to £3000 and upwards depending on the number of parties and the time taken.

Negotiation

Negotiation is another way to resolve a contentious probate without going to court. If both parties are willing to negotiate, they can try to reach a settlement themselves. This may involve exchanging letters or emails, or it may involve meeting in person. If the parties are able to reach a settlement, they will need to draw up a written agreement. This is the cheapest option! The costs are tiny when compared with those incurred in a Court hearing which typically start in the tens of thousands.

Litigation

If it is not possible to resolve an inheritance dispute through mediation or negotiation, then the only option may be to go to court. Litigating a probate argument can be expensive and time-consuming, and it is important to seek legal advice before starting court proceedings.

If you are involved in such an argument, it is important to seek legal advice as soon as possible. A lawyer can help you understand your legal rights and options, and they can represent you in court if necessary.

It is essential to use a specialist firm and the initial cost to review the case are likely to range upwards from £1,500 to £6,000 or far more if it is complex. Going on to Court and those costs will rapidly escalate to £10,000 and then multiply further.

If a case is really open and shut (and few are in reality) then it may be possible to get a firm to act on a No Win No fee basis

See also FREE Contentious Probate Claim Checker.

This form was supplied by one of the top solicitors’ firms and one of the very few who specialise only in probate disputes, so there are very few who can rival their expertise. The form will give you an indication, and you can have a free initial chat with their initial review team.  They will not give advice, but they should be able to indicate whether it looks sensible to continue down the contentious probate route.

Or use our Probate Dispute Enquiry Form

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