Seven key causes of contentious probate

As a specialist in contentious probate, I’m often asked what factors lead to disputes among beneficiaries, executors of a will, or other interested parties. Here are seven of the most common causes:

1. Validity of the Will

·        Allegations that the will is forged or fraudulent.

·        Claims that the testator (the person who made the will) lacked mental capacity at the time of writing.

·        Suggestions that the testator was under undue influence or coercion from another party.

2. Intestacy or Missing Will

·        If no will exists, intestacy rules apply, which might not reflect the wishes of the deceased.

·        If the original will is missing, disagreements may arise over which version is valid.

3. Executor Disputes

·        Disagreements over who should act as the executor.

·        Accusations that an executor is acting improperly, such as mismanaging assets or failing to distribute the estate fairly.

4. Inheritance Act Claims

Under the Inheritance (Provision for Family and Dependants) Act 1975, certain individuals (spouse, children, dependents) can claim reasonable financial provision if they feel unfairly left out. This is common when a will disinherits close family members.

5. Disputes Between Beneficiaries

·        Arguments over the interpretation of the will.

·        Beneficiaries disagreeing about the division of assets.

·        Suspicion of undue influence by another beneficiary.

6. Assets & Property Disputes

·        Disagreements over the valuation of assets.

·        Claims that certain assets should not be part of the estate (e.g., jointly owned property).

·        Missing or misappropriated assets.

7. Delays in Administration

·        Executors taking too long to distribute the estate.

·        Lack of communication leading to frustration among beneficiaries.

If any of these factors strike a chord and you would like to speak in confidence, please get in touch by calling 020 3649 0550 or email either clients@lelaw.co.uk or nlloydevans@barrettslaw.co.uk.

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