Disputing the Contents of a Will

In recent years we have seen an increase in the number of disputes surrounding the administration of wills. This is often termed ‘contentious probate’. 

Contentious Probate

Contentious probate is a phrase that covers disputes when administering an estate. These disputes occur when there are disagreements about the validity of a will, the way executors have behaved or the way assets have been distributed.

It could be that the mental capacity of the deceased at the time of drafting the will is questioned, or there could be a concern about the way assets have been distributed, perhaps with some feeling they were unfairly excluded.

The conduct of Executors can sometimes be questioned if they are believed to have mismanaged the estate or even conducted fraud.

In some instances, it could be that an interested party suspects manipulation of the deceased before they died encouraging them to change their will.

Others might feel that they have been wrongfully excluded from a will.

It is also possible that a will has been badly drafted with mistakes or even forged. 

Resolving Contentious Probate Disputes

Where there is a dispute, mediation and negotiation is typically embarked upon.

These cases can be very emotional and legally quite complex requiring skilled handling by a specialist.

It is also worth noting that there are strict time limits when making a claim.

Who Can Make a Contentious Probate Claim?

Those with an interest in an estate or a will may be able to make a contentious probate claim. This includes family members, other beneficiaries or others who feel they have been wrongfully excluded from a will or have concerns about the conduct of the executors in administering the estate.

If you would like to discuss a contentious probate matter, please contact one of our team who specialise in this area.