Contentious probate solicitors assist with probate where a dispute arises over the administration of a will.
Wills and probate can be incredibly difficult to navigate – not just because of the process, but because of the heightened emotions involved following the death of a loved one.
To be connected to a specialist solicitor near to where you live, please either call us now on 0845 1391399 or complete a Free Online Enquiry.
What Is Contentious Probate?
Contentious probate is when an individual has a dispute over the administration of someone’s estate following their death.
The majority of contentious probate will disputes relate to wills being invalid or claims for ‘further provision’, which is when a person believes they had a right to assets.
These claims are usually made by close family members such as a spouse, parent, child, or sibling.
Wills can also be challenged in several key areas, such as:
- If the individual making the will does not have the mental capacity to do so
- If the individual making the will does not have full knowledge of the contents or does not approve of all aspects of the will
- Undue influence by another individual on the person making the will
- Suspected fraud or forgery
It’s important to realise that a will cannot be contested simply because it appears unfair or if someone dislikes any aspect of it.
Anyone is free to leave their estate to whomever they wish, and this principle is known as testamentary freedom – so long as they’re of free will to make the decision at the time of the creation of the will.
The key distinction is that if someone feels that the will doesn’t make “reasonable financial provision” for them when it should do, then it can be disputed.
Other contentious probate claims include:
- Rectifying a will where there’s a mistake in the content
- Honouring the promise of the deceased which hasn’t been reflected in the will
- Clarifying the will’s meaning where there’s uncertainty
- Lifetime gifts made by the deceased and whether they’re valid
- Ownership of a property
- Disputes between executors and beneficiaries over their conduct in administering the estate
- Professional negligence claims relating to the creation of a will or administration of the estate
Can I Remove An Executor Of A Will?
You can remove an executor of a will, but only under specific circumstances, such as:
- Death of the executor
- The executor remains outside of the UK for more than 12 months
- The executor is no longer able to act due to disability or any other reason
- They refuse to act
- They are unfit to act due to being convicted of fraud, having an inherent bias, breaching the terms of the will, or if they’ve profited from their role
- Acted against the best interest of the estate and beneficiaries
There are other reasons, and it may be that there is simply a unanimous agreement between all parties to remove the executor, or if their suitability is questioned for any reason.
Removing an executor will depend on whether the application to remove them comes before or after the grant of probate.
If you can’t remove the executor by agreement, then it may be that a court decision is required to officially remove them, although this tends to be rare as most will agree before it gets to that stage.
However, if the grant of probate or letters of administration have already been received, then you’ll most likely need to apply to the High Court to remove an executor.
What If I Need Help With Contentious Probate?
If you’re dealing with contentious probate, it’s most likely a challenging period for you and your loved ones. So, if you’re looking for solicitors near you to help, we’ve got you covered.
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