Contentious Probate

Contentious Probate occurs when there are disputes arising out of someone’s estate after they have passed away.

No two scenarios are ever the same and so it be may be appropriate to consider contentious probate action in various different circumstances. Some common scenarios are set out below:-

• Someone has passed away leaving a Will that is suspicious due to its content, timing and/or choice of executor;
• Someone’s estate has been depleted before they passed away by someone other than the deceased meaning the estate is less valuable than expected;
• You were expecting to inherit on the deceased’s death but have not been included as a beneficiary in their Will or only to a lesser extent than you anticipated;
• You were promised some inheritance but the deceased passed away leaving a testamentary document that does not benefit you;
• You were in receipt of financial support from the deceased before their death but do not benefit on their death;
• You are named as the executor of a Will but there is a dispute with your co-executor or the beneficiaries; and
• There is a dispute as to the occupation or sale of the deceased’s property.

These are just a few common scenarios that contentious probate lawyers will deal with on a daily basis. They are though by no means a comprehensive and exhaustive list as disputes relating to a deceased’s estate can take many forms.

Contentious probate is a specialist area of law. Whilst contentious probate can result in High Court litigation, there are specific rules that govern contentious probate before and after the issuing of proceedings. Accordingly, someone that finds themselves in need of a contentious probate lawyer should instruct a specialist and not just either a commercial litigator or a private client solicitor. Instructing a solicitor who is not a contentious probate specialist could be extremely detrimental to the progress of a claim.

If someone finds themselves defending a claim against an estate, they should obtain specialist, independent legal advice as a matter of urgency and not try and deal with it themselves. It could be a false economy if they try and deal with it themselves because they will save costs initially but then may face a higher legal bill later on when they do instruct a solicitor and the solicitor has to unpick the action taken by the client. Further, any action that they take without reference to a solicitor could be extremely damaging and could leave themselves open to criticism. For example, an executor who distributes an estate despite being on notice of a claim being advanced against it.

A lot of individuals try to resolve disputes themselves in the first instance. The benefits are obvious in that all parties save legal fees and individuals are able to retain relationships that can become irreparable once solicitors become involved. It can mean though that individuals resolve disputes without receiving legal advice about their position and the options available to them. That could mean though that claims are resolved differently or for a lower amount than a claimant would have received had solicitors been involved.

If individuals do try and deal with claims themselves, they should retain documentation and correspondence exchanged with the other parties so that any future solicitor can see what has been done/said and when.

If you wish to discuss a potential contentious probate and need advice as to which way to proceed, then please do contact us. We offer a no obligation initial chat to clarify the circumstances and assist you in moving forward and deciding next steps.