Contentious Probate relates to any disagreement over a deceased person’s Will and how their estate should be managed and/or distributed to include:

Validity of a Will

Claim under the Inheritance (Provision for Family and Dependents Act) 1975 – i.e. the court deciding how the estate should be distributed regardless of what the Will says

Valuation of assets and how property has been distributed

The authority of executors and trustees and action that can be taken against them if they fail to act appropriately

The most common claim is over the validity of a Will. It is possible to challenge the validity of a Will, and the most common challenges are based on:

Lack of capacity

Undue Influence

Fraud

Revocation (for example where a fresh Will has been written)

Incorrect execution (not in writing or signed and/or witnessed in the correct manner)

It may also be possible, for certain categories of person, to challenge the contents of a Will if they can argue reasonable financial provision for them has not been made in a Will. The claim is made under the Inheritance (Provision for Family and Dependents) Act 1975 which gives the Court power to alter the distribution of the estate of a deceased person. Those categories of individuals who can make such a claim are:

Spouse (or others who are treated as spouses or civil partners)

Former spouse or former civil partner

Child

Child of the family

Dependent

Under each category there are further specifications and definitions of who qualifies and if you think you may have a claim, this is something we can provide advice on. Mackarness & Lunt can offer advice and assistance in respect of contentious probate matters from advice when drafting a Will to try and mitigate any future claims to making a claim against someone else’s estate. We can also provide advice on the prospects of success in bringing a claim against an estate or defending it if your inheritance would otherwise be affected.

For further advice or assistance please click the link below