Types Of Contentious Probate Disputes

• Published date: 06 January 2023
• Subject Matter: Family and Matrimonial, Wills/ Intestacy/ Estate Planning
• Law Firm: Weightmans
• Author: Mr David McGuire and Arshoo Singh

Our guide on the types of contentious probate disputes that can often arise.

The definition of a 'contentious probate dispute' is fluid and can encompass a wide variety of disputes. Our guide below sets out the types of contentious probate disputes that can often arise:

Capacity

A common ground for challenging a Will so that a previous Will or the intestacy rules apply. A person must have the requisite mental capacity to prepare a Will, understand what they are doing and the extent of the property which they are giving away. They need to be able to comprehend and appreciate the claims to which they ought to give effect and no disorder of the mind must poison their affections, pervert their sense of right or prevent the exercise of their natural faculties.

Creditor claims

Claims brought against the estate by people/businesses to whom the deceased owed money.

Forfeiture

A beneficiary cannot take under a Will if they have unlawfully killed the testator, or unlawfully aided, abetted, counselled or procured the testator's death.

Forgery

Another ground for challenging a Will. It must be proven that a Will has been forged or the signature of the person allegedly making the Will has been forged, in order for the Will to be held invalid.

Fraud

A notoriously difficult ground under which a Will is challenged. This is an intentional deception made by a person for their own gain or to damage another individual and is a claim typically brought where it is believed that a Will does not contain the testator's true intentions.

Inheritance (Provision for Family and Dependants) Act 1975

This Act allows certain people to bring a claim against the estate of someone who has passed away where that person has not made reasonable financial provision for the person bringing the claim.

Knowledge and approval

Another ground for challenging the validity of a Will which can succeed where it can be shown that a person executing a Will did not understand and approve its contents.

Mutual Wills

Where two individuals agree on the disposal of their property and execute mutual Wills in pursuance of the agreement. In such circumstances, the survivor's assets are held upon trust for the beneficiaries named in the Wills.

Opposing a grant

A dispute relating to the interest of someone claiming an entitlement to a grant of probate or to letters of administration.

Personal Representatives (PRs)

Claims can include claims for losses caused by PRs arising out of a breach of their duties as a PR or...