Brown Turner Ross
March 7th, 2024
Contentious probate refers to the legal conflicts and disputes that can arise in the process of settling a deceased person’s estate.
When a family member or loved one dies, it can be a difficult time for everyone involved. There can be legal matters that everyone must face, no matter how grief-stricken you may be. One legal term you may have heard is “contentious probate” – this is an umbrella term that relates to any disputes regarding a deceased person’s estate.
There are quite a few common probate disputes that may arise, these include:
- Validity of the Will – Disputes may emerge regarding the validity of the deceased person’s will. Challenges may be based on allegations of undue influence, lack of capacity, or improper execution of the will.
- Inheritance Act Claims – Beneficiaries or dependents may contest the distribution of the estate under the Inheritance (Provision for Family and Dependants) Act, arguing that they have not been adequately provided for in the will.
- Executor or Administrator Disputes – Issues can arise concerning the appointment or actions of the executor or administrator responsible for managing the estate. This may involve allegations of misconduct, negligence, or a breach of fiduciary duty.
- Caveats and Probate Disputes – The lodging of a caveat can delay the probate process, and disputes may arise over the grant of probate, particularly if there are concerns about the authenticity of the will or the appointment of the executor.
- Fraud or Forgery Claims – Allegations of fraud or forgery may be raised, challenging the authenticity of the will or specific signatures, leading to disputes over the distribution of assets.
- Asset and Property Disputes – Conflicts may arise over the identification and distribution of specific assets, especially when there are ambiguities or disagreements regarding the deceased person’s intentions.
- Challenges to Lifetime Gifts – Disputes may occur if there are concerns about gifts made by the deceased during their lifetime, particularly if there are allegations of undue influence or lack of capacity.
- Intestacy Disputes – When a person dies without a valid will, disputes may arise over the distribution of assets according to intestacy laws, especially if there are disagreements among potential heirs.
- Professional Negligence Claims – Beneficiaries may bring claims against professionals involved in the probate process, such as solicitors or executors, alleging negligence or malpractice.
- Family Relationship Disputes – Issues may arise due to disputes over familial relationships, including questions of paternity or challenges to the legitimacy of certain beneficiaries.
