What is contentious probate?
Whilst it can be trying enough to argue with a person without money or assets involved, disputes during probate can take a particularly difficult turn.
Contentious probate is where there is a dispute in regards to a person’s estate administered after their death. It might also be referred to as will dispute, but contentious probate can also encompass a variety of different disputes.
Some examples of common disputes may include:
1. Challenges to the validity of the will
This may include issues with amendments to a will (also called a Codicil), disputes over the mental capacity of the deceased, coercion or a variety of other challenges. Using a reputable will writing service will help to ensure the validity of a will.
2. Clarifying ambiguous wording in a will, or correcting mistakes
This can include disputes over mistakes in a will, or perhaps where the wording is unclear. In certain circumstances, a court will allow a will to be corrected, or determine the intended meaning of a clause.
3. Claims under the Inheritance Act 1975 (Provision for Family and Dependants)
This is where certain people that depend on the deceased (or their estate), such as spouses or children, may be able to make a claim if the will doesn’t provide for them.
Read more in our article Defending an Inheritance Act Claim: what you need to know
4. Disputes over how the deceased’s estate has been administered
Common disputes might include excessive costs of administering the estate itself, or another financial disadvantage, such as trustees causing a loss to a trust.
5. Changing the roles of individuals listed in the will
This might include replacing executors or trustees who need to be removed from their duties, or who have failed to deal with their duties adequately.
How long does contentious probate take?
A dispute on a smaller estate, or one with fewer assets, can typically be resolved in around three months. More complex or high net worth estates, such as those involving trusts or income-generating assets, can take from six months to a year; possibly longer.
For help with an issue surrounding a will, or any other legal advice relating to probate, get in touch with the team at Carlsons Solicitors.
