Contested Probate: A Legal Guide

When someone passes away, the distribution of their estate can sometimes lead to disputes among family members, friends or other interested parties. A contested probate occurs when there is a disagreement over the validity of a will or the way in which the estate should be (or have been) administered. If you find yourself involved in a contested probate matter, it’s important to understand the legal processes, the grounds for contesting a will and the steps you can take to resolve the issue. In this guide, we’ll break down the key aspects of contested probate and how it works in the UK.

What Is Contested Probate?

Contested probate is a situation in which one or more individuals challenge the validity of a will or the way in which the estate is being administered. This can happen if someone believes that the will does not reflect the true intentions of the deceased or if there are concerns about the way the executor(s) is handling the estate. The challenge can arise at any stage of the probate process, and it may lead to delays in the distribution of the estate and additional legal costs.

In the UK, there are specific legal grounds on which a person can contest a will or the probate process. These include questions about the validity of the will itself, the conduct of the executor(s), or the rights of beneficiaries.

Common Grounds for Contesting a Will

There are several grounds on which a will can be contested in the UK. Some of the most common include:

1. Lack of Testamentary Capacity

For a will to be valid, the person making the will (the testator) must have the mental capacity to understand the nature of their actions, the extent of their estate and the people they are providing for. If it can be shown that the testator lacked capacity at the time of making the will, it may be contested.

2. Undue Influence

A will can be contested if there is evidence that the testator was pressured, coerced or manipulated into making decisions in favour of certain individuals or against their true wishes.

3. Fraud or Forgery

If it is suspected that the will has been forged, altered, or fraudulently created, it can be contested. This may involve suspicion that someone forged the signature of the testator or made changes to the will after it was signed.

4. Failure to Meet Legal Formalities

For a will to be valid, it must meet certain legal formalities. This includes being signed by the testator in the presence of two witnesses who are not beneficiaries. If the will does not meet these requirements, it may be contested.

5. Invalid or Revoked Wills

If there are multiple wills, or if a will was made but later revoked or replaced by a newer will, the validity of the will may be challenged. The claimant may argue that an earlier will or an oral will is the true reflection of the testator’s wishes.

6. Disputes Over the Distribution of the Estate

Even if the will is valid, disputes may arise over how the estate should be divided among the beneficiaries. This could occur if the will is unclear, or if a family member feels that the will does not adequately provide for them.

How Does the Contested Probate Process Work?

The process of contesting probate can be complex and may involve the following steps:

1. Filing A Claim

If you wish to contest a will, you must file a claim with the probate registry or the court. The claim should clearly set out the grounds on which you are contesting the probate, such as lack of testamentary capacity or undue influence.

2. Gathering Evidence

Once the claim has been made, you will need to gather evidence to support your case. This may include medical records, witness statements or expert testimony. Evidence will be crucial in establishing the validity of your claim.

3. Mediation And Negotiation

In many cases, the parties involved may attempt to resolve the dispute through mediation or negotiation, rather than going to court. Mediation can help reach a settlement without the need for costly and time-consuming litigation.

4. Court Proceedings

If the dispute cannot be resolved through mediation, the case may proceed to court. A judge will review the evidence and make a ruling on the validity of the will or the administration of the estate. Court proceedings can be lengthy and the legal costs can accumulate quickly.

5. Final Resolution

Once the court has made its decision, the probate process can continue, and the estate will be administered according to the court’s ruling. If the will is deemed valid, the estate will be distributed as per the terms of the will. If the will is contested and deemed invalid, the estate may be distributed according to a previous will or the laws of intestacy (if no valid will exists).

What Happens If A Will is Successfully Contested?

If a will is successfully contested, it may be declared invalid. This can have significant implications for the distribution of the estate. The estate may be distributed according to a previous will, if one exists, or, in the absence of a valid will, according to the rules of intestacy.

If the will is found to be invalid, and no previous will exists, the estate will be distributed according to the laws of intestacy. This means that the estate will be divided among the closest living relatives of the deceased, such as their spouse, children or parents.

How To Protect Against A Contested Probate

While it is not always possible to prevent a contested probate, there are steps that can be taken to reduce the risk of disputes:

1. Make a Clear and Valid Will

Ensure that your will is clearly drafted, and that all legal formalities are followed, including the signing of the will in the presence of two independent witnesses.

2. Seek Professional Advice

If you have a complex estate, it may be beneficial to consult with a solicitor or probate expert to ensure that your will is legally sound and reflects your true wishes.

3. Communicate Your Wishes

It may help to communicate your wishes clearly to family members, especially if you are making decisions that may not be in line with what they expect. This can help avoid misunderstandings after your death.

4. Consider A Trust

In some cases, setting up a trust may be a good way to ensure that your assets are distributed according to your wishes, and can also help reduce the likelihood of disputes.

Contested probate can be a stressful and costly process, but understanding the grounds for contesting a will, the steps involved and the potential outcomes, can help you navigate the process more effectively. Whether you’re involved in a dispute or want to take steps to avoid one in the future, seeking professional advice early is crucial.