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Everything You Need to Know About Estate Disputes in Probate

Disputes about a loved one’s estate can be extremely difficult. What should be a straightforward process of carrying out someone’s final wishes often becomes a very complex matter involving wills, property, trusts, and sometimes even litigation.

Families are already grieving, but disagreements can bring added stress and delay at a time when emotions are fragile.

At The National Bereavement Service, we understand how much strain these cases cause. Our role is to provide clear guidance to clients who are involved in contentious probate and to explain the options available for resolution.

We offer free, impartial support and can connect you with a solicitor who specialises in probate disputes, trusts, and estate administration if professional action is needed.

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What Is Contentious Probate?

Contentious probate refers to any case where there is a dispute about how an estate is being administered. This might include contesting the validity of a will, bringing claims against executors or trustees, or disagreements between parties about how property and assets should be distributed.

Probate is already a process that takes time and requires careful attention to documents and evidence. When issues arise, the matter can become extremely complicated. Contentious probate can involve wide-ranging matters related to trusts, executors, and beneficiaries. It may also require litigation, which adds further cost and delay before an estate can be finalised.

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Have you started a probate application online and not sure how to complete? Are you considering whether to do probate yourself?

The NBS offers free probate support services to all UK residents.

Call or send us a message and receive:

  • Free advice on whether probate is required
  • Unbiased support on how to proceed
  • The options available for your specific circumstances
  • Friendly advice from experienced experts

Don’t overpay for probate. Speak to The NBS today and discover what options you have.

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When Do Disputes Arise?

Disputes can be made for many reasons. Some clients contest a will because they view it as unfair or invalid. Others bring action against executors they believe have not dealt with the estate properly. A very common case involves financial provision claims, where a dependent argues that the will has not made reasonable provision for them.

Parties may also disagree about how property should be valued or sold. Executors and trustees are always expected to act in the best interests of the estate, but if beneficiaries take a different view, conflict can quickly follow. Intestacy, where there is no valid will, creates further issues and is often the way disputes begin.

Grounds for Contesting a Will

There are several grounds on which someone might contest a will. One is lack of testamentary capacity, meaning the person making the will did not fully understand what they were doing. Another is undue influence, where someone has pressured the deceased into making changes.

Fraud, forgery, or a failure to comply with the required legal formalities can also make a will invalid.

A will can also be challenged if there is evidence of suspicious circumstances, such as sudden changes shortly before death. These cases are always complex, and solicitors will usually require a wide range of documents and witness evidence before bringing a claim.

Some disputes go all the way to trial, but others reach resolution through consent between the parties before court action is necessary.

The Impact of Contentious Probate

Contentious probate has a significant impact on all involved. Relationships between family members may suffer permanent damage. Legal costs reduce the value of the estate and may prevent executors from completing their duties quickly.

Matters that should take a few months can stretch into years, leaving clients frustrated and uncertain. Executors and trustees may also face personal claims if they are accused of mishandling estate matters.

The emotional cost is very high, and many people find that these issues bring more stress than they expected. That is why it is important to seek resolution as early as possible.

Resolving Contentious Probate Disputes

Not all contentious probate cases end up in court. There are always alternative ways to seek resolution. Open communication between executors, trustees, and beneficiaries can prevent issues from escalating. Mediation is another option, where an independent professional helps the parties deal with disagreements and reach a settlement.

Mediation is often very effective and much less costly than litigation.

If mediation does not succeed, formal litigation may be required. This involves bringing a claim before the court and may eventually lead to a trial. Court proceedings are time-consuming, but they sometimes provide the only way to resolve complex matters where consent cannot be reached.

In all cases, having a solicitor experienced in contentious probate is extremely important, as they can guide clients through the action and advise on the best way forward.

Regional Differences

Contentious probate works differently across the UK. In England and Wales, claims are often brought under the Inheritance Act 1975 and are dealt with in the civil courts.

Scotland uses a system known as Confirmation, and Scots law gives very specific rights to spouses and children that can create disputes even where a will has been made. Northern Ireland has its own processes, with cases usually handled in the High Court in Belfast.

Understanding the rules in the relevant jurisdiction is vital before taking any action, because the steps and documents required vary widely.

Preventing Disputes

While not every contest can be prevented, there are practical steps that reduce the risk of contentious probate. Making a valid and up-to-date will, and ensuring it is properly signed and witnessed, is essential. Storing the document securely and letting executors know where it can be found helps avoid confusion.

Communicating wishes to family members can also make matters easier, even if those conversations might feel difficult.

Choosing reliable executors or trustees who are willing to take on the role will help ensure the estate is managed properly. Reviewing your will regularly, especially after major life changes such as marriage, divorce, or the purchase of property, reduces the chance of disputes later.

Final Thoughts

Navigating contentious probate is like walking a tightrope between emotional turmoil and intricate legal challenges.

Disputes over wills, property, or trusts can stall proceedings, diminish estate values, and leave lasting scars on families.

However, resolution is within reach, whether through mediation or litigation. At The National Bereavement Service, we tackle these complex issues daily.

Offering free and impartial advice, we’re here to guide you—be it contesting a will or addressing executor concerns—and connect you with expert solicitors ready to assist in your case.

Speak to NBS today and accept the support you need to bring contentious probate to resolution with clarity and confidence.

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Contact us today

For more information about the National Bereavement Service, contact us today on:

UK callers:

0800 0246 121

International callers:

0191 656 3201

Email:

info@thenbs.org

or contact us via our live chat function below.

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