Contentious probate refers to a dispute regarding a deceased person’s estate in which their will is contested or disputed. Wills can be challenged for any number of reasons, and the distribution of the estate in question is often significantly delayed due to this. In short, the term contentious probate is an umbrella for any discrepancy about how a deceased’s estate is administered.
Let’s look at what contentious probate entails.
Disputes Concerning a Will’s Validity
Sometimes it is proposed that the will was not correctly witnessed or signed or that the person who has died did not have the mental capacity to make the decisions involved in asset distribution at the time of the will. It may even be the case that a more recent will exists that overrides the one in question. Many things could throw doubt over the validity of a will, all of which must be taken seriously until proven otherwise.
Disagreements About Asset Distribution or Executor Allocation
It could be that the appointed executor is incapable of or refuses to perform the role. It could also be argued that they are arranging assets for their own gain. Perhaps family members were under the impression they would be left more than they have been, and they want to contest it. Any number of factors could cause a dispute regarding asset distribution and the administration of the estate.
Errors and Ambiguity
Occasionally a valid will can contain errors or areas that require clarification due to ambiguity. In these situations, a court may permit a will to be rectified if a clause’s true intention or meaning cannot be determined.
Price
Administering an estate incurs costs. Sometimes this is not realised initially and, therefore, can cause disagreements. All charges must be covered, but payment terms will vary depending on the estate and what is required.
Trusts
It is common for people to leave assets and money in a trust, and this can cause disputes over the use or ownership of these assets. A trustee could fail to carry out the wishes of the deceased, which is likely to cause conflicts with those standing to benefit from the assets in the future.
The best way to avoid contentious probate is by calmly discussing with all parties what expectations are in relation to the deceased’s estate. Ultimately, what the will outlines is legally what must be followed unless it is proven invalid.
If you require advice regarding contentious probate, contact Probate London on 0208 0171029.
