What is Contentious Probate?
Contentious probate is the name given to disputes that have arisen, regarding the administration or distribution of an estate after someone has passed away. Contentious probate can often occur when someone who believed they were entitled to an inheritance is left out of the Will or when someone believes they should receive more from a person’s estate. In some cases there is concern as to the circumstances in which the Will was made or altered by the Deceased. It may be that the person appointed to administer the Estate is failing to do so properly or diligently.
Reasons You May Wish to Contest a Will or the Administration of the Estate
There are many reasons a person may want to contest a Will but it is always worth speaking to a legal professional to get advice on your grounds for a claim before making it.
- The claimant believes the deceased lacked the mental capacity to fully understand what was in the Will.
- The claimant believes the Will was made under undue influence.
- The claimant believes the Will was not properly executed.
- The claimant believes the Will was forged.
- The claimant feels they have been unfairly left out or that the testator has not made reasonable financial provision to the Claimant in the Will
- The claimant believes the Will does not properly represent the wishes of the deceased.
- The Executor or Administrator is acting unfairly or in breach of their duties or unduly delaying the administration of the Estate
Who Can Contest a Will or the administration of an Estate?
There are many different people who may find themselves in the position where they would like to contest a Will or challenge the way in which an Estate is being administered or, alternatively face such claims as Executors or Administrators or Beneficiaries of an Estate.
Farleys have extensive experience acting on behalf of:
- Beneficiaries of the Will
- Children of the Deceased including adult children
- Husbands and Wives
- Those who were dependant on the deceased at the time of death
- Executors and Administrators of an Estate
- Individuals or organisations
- Other third parties who have been affected by either the present or a previous Will
If you wish to contest a Will or the actions of an Executor or Administrator of an Estate or if you are facing such a claim or challenge, you should seek early advice from a contentious probate solicitor.
In most cases, a contentious probate claim must be brought within a very short period of time after death and in some cases within 6 months of the date of any Grant of Probate. However, every case is different so you should always seek legal advice.