It is often the case that when a person passes away, their personal representatives need to apply for a grant of representation in order to distribute their estate. Disputes often arise where a party contests the validity of a Will or how a personal representative has handled the administration of the estate. Until a dispute is resolved, this often causes delay to the administration.
In this brief guide we have summarised some keys points and insights into contentious probate matters.
An individual may bring a claim to challenge the validity of a Will where they suspect there may have been undue influence or a lack of testamentary capacity when the Will was prepared.
Misconceptions about contentious probate
Where a dispute arises, it is a common misconception that this can only be resolved within court proceedings. The starting point for any dispute is whether this can be resolved in mediation and settled at the earliest opportunity, particularly in view of not unnecessarily incurring legal costs for the parties.
Commonly Involved Parties
Several parties are typically involved in the probate process. The executor or administrator plays a central role, managing the estate and ensuring the will’s provisions are followed.
Beneficiaries are those named in the will or identified by state law to receive assets. They have a vested interest in the estate’s distribution and may raise concerns if they feel their inheritance is at risk.
Creditors may also be involved, as they have the right to claim debts owed by the deceased. The probate process ensures creditors are paid before distribution to beneficiaries.
Each party plays a crucial role in ensuring the estate is managed and distributed fairly and legally.
Effective Estate Planning
Effective estate planning is key to avoiding probate litigation. By creating a clear, legally sound will, individuals can minimise the risk of disputes.
- Update Regularly: Ensure the will reflects current wishes and circumstances, updating it as needed.
- Communicate Clearly: Discuss estate plans with beneficiaries to avoid surprises and potential conflicts.
- Seek Professional Advice: Consult with legal and financial professionals to create a comprehensive estate plan.
These steps can help reduce the likelihood of probate litigation and ensure a smoother process for all involved.
Seeking Legal Assistance
Legal assistance is often necessary in probate litigation, whether for guidance or representation. This section discusses when to consult a solicitor and how to choose the right legal support.
If you wish to update your existing Will or are seeking legal advice regarding a contentious probate matter, please contact our Private Client department at private.client@rfblegal.co.uk
Katharine Whittingham
Associate Solicitor
