How to Contest a Will or Probate – it’s more common than you’d think
Wills are the confirmed legal wishes of the deceased, but sometimes a claim can be raised against the deceased’s estate in special circumstances where validity, clarity or authority are challenged. In this article we look at the instances where you can contest a Will or probate and entitlement to do so.
Losing a loved one is extremely difficult and is often made more problematic if the deceased’s estate is not being dealt with in accordance with the deceased’s wishes. There is often the added burden placed on a husband, a wife, a child or even siblings to ensure that the estate is distributed when all they wish to do is mourn the loss of a loved one or family member.
The laws of England and Wales allow certain categories of people to bring a claim against the estate of a deceased. Such a claim is known as a probate claim, or a contentious probate claim and is where a claim is brought by an individual who believes they have not received the inheritance they are due, or a dispute with how the Executors have managed the estate.
What is Contentious Probate?
Contentious Probate refers to any type of disagreements over a deceased person’s Will and how their estate should be handled. The most common types of probate disputes are Will Disputes, which is about questioning the validity of a Will.
Contentious Probate includes a variety of disputes including;
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A dispute over whether a Will or Codicil is valid, i.e, the deceased has been unduly influenced into making the Will and/or the deceased lacked capacity to make a Will.
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A claim under the Inheritance (Provision for Family and Dependants Act) 1975.
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Disputes over the administration of the estate and how property has been distributed.
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Wanting clarity about the Will.
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Disputes over costs incurred by the person administering the estate, the trustees or the lawyers.
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The authority of the executors and trustees.
Factors for Contentious Probate entitlement
Whilst as a beneficiary/potential beneficiary you are able to pursue a contentious probate claim, the court will consider a number of factors when deciding whether a beneficiary/potential beneficiary is entitled to a share or greater share in the estate. Some of these factors include:
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Whether the inheritance given in the Will provides a reasonable provision;
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The relationship between the deceased and the individual making a claim;
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The needs and requirements of the other beneficiaries; and
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The deceased’s wishes.
Protecting inheritance
Unfortunately, the thought of gaining a share of inheritance can bring out unattractive and greedy qualities in people and the courts can help by:
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Protecting Executors from being bullied into overturning decision about the Estate that are actually legitimate;
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Protecting and awarding beneficiaries who have an honest claim about an inheritance due to them;
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Identifying Executors who are not performing their duties adequately or legitimately.
It is therefore important that further specialist advice is sought, whether you are an Executor, Beneficiary, or potential Beneficiary of a deceased’s estate.
For further advice, please Contact Us 0116 212 1000
