Probate can be a challenging process under the best of circumstances, but when disputes arise, the situation can become far more stressful, emotional, and legally complex. Probate disputes often involve disagreements about the will, the actions of the executor, or the distribution of the estate. These conflicts can strain family relationships and delay the administration of the estate for months or even years. Understanding why disputes occur and how the law approaches them is essential for anyone involved in a contested estate. Taking the right steps early can help resolve conflict more quickly and protect the interests of everyone involved.
Probate disputes commonly arise when family members believe the will does not reflect the true wishes of the deceased. Sometimes a will has been changed shortly before death, raising questions about capacity or undue influence. In other cases, one beneficiary may feel they have not been treated fairly, especially when promises were made during the deceased’s lifetime that do not appear in the will. Disputes also occur when there is no will at all, leaving the estate subject to the rules of intestacy. These strict rules do not take personal circumstances into account and can lead to outcomes that family members find unfair or unexpected.
Another major source of conflict is the behaviour of the executor. The executor has significant legal responsibilities and must administer the estate in accordance with the will and the law. Disputes may arise if beneficiaries feel the executor is acting slowly, failing to provide information, making poor financial decisions, or acting in their own interests. Executors who fail to act properly can be challenged, and in serious cases, they can be removed by the court. The role of executor carries legal duties, and failure to meet them can cause significant problems during probate.
Disputes also arise over the valuation of assets, particularly property. When beneficiaries expect the estate to be divided fairly, disagreements over the true value of a home or investment can cause tension. Additionally, issues may occur when beneficiaries believe someone has received an unfair advantage during the deceased’s lifetime, such as gifts, loans, or transfers of property. These situations can lead to claims for the estate to be adjusted to reflect fairness.
Resolving disputes often begins with communication. Many families find that tensions arise from misunderstandings, lack of information, or emotional responses to grief. An open discussion facilitated by a solicitor can sometimes resolve issues without the need for formal action. Mediation is also a useful tool, providing a structured environment where all parties can express their concerns and work towards an agreement. Mediation is less costly and faster than court proceedings and often helps preserve relationships during a difficult time.
When disputes cannot be resolved informally, legal action may become necessary. Courts can decide whether a will is valid, whether an executor should be removed, how assets should be valued, or whether someone is entitled to a larger share of the estate. Claims may also be brought under the Inheritance Act by individuals who believe they were financially dependent on the deceased and were not provided for. Probate litigation can be complex, and gathering evidence early is important. Medical records, witness statements, correspondence, and financial documents often play a key role in contested cases.
The emotional nature of probate disputes makes them particularly challenging. Families dealing with grief may find it difficult to separate personal feelings from legal issues. A solicitor experienced in contentious probate can provide clear guidance and help manage the process in a calm and structured way. Early legal advice is important, as strict time limits apply to certain types of claims. Understanding your rights and the strength of your position can help you make informed decisions and avoid unnecessary conflict.
Probate disputes do not have to become long and damaging conflicts. With the right support and early intervention, many disagreements can be resolved before they escalate. Clear communication, professional guidance, and a strong understanding of the law help ensure that the estate is administered fairly and efficiently. At Penerley Solicitors, we assist clients with both contested and uncontested probate matters, offering practical solutions that protect your rights and help bring clarity at a difficult time.
If you are facing a probate dispute or need guidance on resolving issues within an estate, Penerley Solicitors is here to support you. Our team can help you understand your rights, challenge unfair decisions, and protect your interests throughout the process. Get in touch with Penerley today for specialist advice on contentious and uncontested probate matters.
