Disputed Estates

Yes — it is possible to challenge a will even after probate has been granted, though it becomes more complex once the estate has been distributed. If you have grounds to challenge a will (such as lack of capacity, undue influence, or improper execution), you should seek legal advice as soon as possible. A caveat can be entered at the Probate Registry to prevent a grant being issued while a challenge is being considered.

The main grounds for challenging a will are: (1) lack of testamentary capacity — the person did not have the mental capacity to make a valid will; (2) undue influence — the person was pressured or coerced into making the will; (3) fraud or forgery; (4) improper execution — the will was not signed and witnessed correctly; and (5) lack of knowledge and approval — the person did not know or approve the contents of the will.

An Inheritance Act claim is a claim under the Inheritance (Provision for Family and Dependants) Act 1975. It allows certain people — including spouses, civil partners, children, and financial dependants — to apply to the court for reasonable financial provision from an estate where the will (or intestacy rules) has failed to make adequate provision for them. Claims must generally be brought within six months of the grant of probate.

Inheritance Act claims must generally be brought within six months of the date of the grant of probate or letters of administration. The court has discretion to allow late claims in exceptional circumstances, but this is not guaranteed. If you are considering a claim, seek legal advice as soon as possible — do not wait until the deadline is approaching.

Yes — an executor can be removed by the court in certain circumstances, including where they are failing to act, acting in breach of their duties, in conflict with the beneficiaries, or where there is a dispute between co-executors that is preventing the estate from being administered. An application to remove an executor is made to the court and requires evidence of the grounds for removal.

Proprietary estoppel is a legal doctrine that can give rise to a claim against an estate where a promise was made about inheriting property or assets, the claimant acted in reliance on that promise (for example, by working on a farm for little pay in expectation of inheriting it), and it would be unconscionable for the estate to go back on the promise. These claims are complex and fact-specific — early legal advice is essential.

Contentious probate costs vary significantly depending on the complexity of the dispute, whether it settles early or proceeds to trial, and the value of the estate. Many estate disputes settle through negotiation or mediation without the need for a full court hearing. We offer a confidential initial discussion to help you understand your position and the likely costs before you commit to any course of action.

Yes — many estate disputes are resolved through negotiation, mediation, or other forms of alternative dispute resolution without the need for a court hearing. This is often quicker, cheaper, and less stressful than litigation. We always explore settlement options before recommending court proceedings, but we are also experienced litigators when court action is necessary.