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What is Contentious Probate?

13 January 2025

Contentious probate can be a complex and emotionally charged issue that arises when disputes occur over the distribution of a deceased person's estate.

These disagreements can stem from various reasons, such as challenging the validity of a will, claims of inadequate provision for beneficiaries, concerns about the executor's competency, or when someone is not provided for in a will and believes that they should have been.

Contentious Probate where there is a Will

When someone passes away leaving a Will, its validity may be challenged in various ways, including:

• A belief that the testator lacked the necessary mental capacity to give instructions or sign the Will at the time it was made.
• A suspicion that the testator was improperly influenced by another person to create the Will in a specific way.
• Claims that false statements were made to the testator, leading them to unwarranted negative feelings toward a potential beneficiary.
• Concerns that the testator was unaware or did not fully understand that they were creating a Will, its terms, or its implications.
• Allegations that the Will is invalid due to improper execution, such as a forged signature or failure to have the document witnessed by two independent witnesses.

Contentious Probate when there is no Will

In cases where no will exists, known as intestacy, matters can become even more complicated. Intestacy rules dictate how an estate is distributed among surviving family members based on a predetermined hierarchy. Disagreements commonly arise when the rules do not provide for certain individuals, like unmarried partners or unadopted children of the deceased.
 

How can a Contentious Probate be resolved?

Resolving contentious probate issues is essential to prevent prolonged conflict and potential financial losses. Early resolution through negotiations, mediated discussions, or other alternative dispute resolution methods can often be more cost-effective than engaging in lengthy court proceedings. Seeking legal advice early on is crucial to understanding the legal options available, ensuring proper procedures are followed, and avoiding missing any applicable time limits for making claims.

At Aldridge Brownlee, we specialise in navigating contentious probate matters and providing expert guidance to individuals facing estate disputes. Our team is dedicated to assisting clients in resolving conflicts efficiently and effectively. Whether you need assistance with challenging a will, navigating intestacy rules, or seeking advice on drafting a will to mitigate future disputes, our experienced professionals are here to help. Don't hesitate to reach out to us for support and guidance tailored to your specific circumstances.

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