When a deceased person’s will is contested or disputed, it is referred to as contentious probate. For a variety of reasons, wills can be contested, which often causes significant delays in distributing the estate. Contentious probate refers to any legal dispute or disagreement concerning the administration of a deceased person’s estate. While challenging a will is the most common reason, it also covers claims by dependants who were left out, or disputes over how the executor is managing the estate. Here, we cover all you need to know about contentious probate.
What is a Contention of Probate?
Here we look at some common reasons for contentious probate:
Will’s Validity
It is occasionally suggested that the will was not properly witnessed or signed, or that the deceased lacked the mental capacity to make decisions regarding the transfer of assets at the time of death. It may even be the case that a more recent will exists that overrides the one in question. A will’s validity may be called into question by several factors, all of which must be treated seriously until the opposite is demonstrated. You can read the UK government’s full guidance on proving mental capacity when making a will here.
Executor Allocation or Asset Distribution
The designated executor may be unable or unwilling to carry out the responsibility. One may also contend that they are allocating resources to benefit themselves. Family members may want to dispute it because they believe they would be left with more than they actually have. A disagreement over the distribution of assets and the management of the estate could result from a variety of circumstances. Certain people (spouses, children, dependants) can bring a claim against the estate if the will or intestacy rules did not provide for them reasonably. If you need to make a formal claim against an estate, you can download the official Form N2 probate claim form.
Errors and Ambiguity
A legitimate will may occasionally contain mistakes or ambiguous passages that need clarification. In some cases, where it is impossible to ascertain the true intention or meaning of a clause, a court may allow a will to be corrected. If you need to temporarily stop the probate process while a dispute is investigated, you can find out more here caveat through the UK government service.
Trusts
It is common for people to leave money and assets in a trust, which can lead to disagreements over who owns or uses them. A trustee may disregard the deceased’s wishes, leading to disputes with future beneficiaries of the assets.
In Conclusion
Calmly communicating expectations regarding the deceased’s inheritance to all parties is the best way to prevent a complex probate. In the end, unless it is shown to be invalid, what the will specifies is what must be done lawfully. If you are managing an estate, it is crucial to ensure you have the correct probate forms.
If you require help with estate planning, you should contact a professional, such as Intestacy Rules.
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