What is a probate dispute?
A probate dispute – also known as contentious probate – refers to a dispute over the administration of a deceased person’s estate. It could relate to a disagreement over the way a Will has been interpreted, or how certain assets have been valued.
If you’re worried that your loved one’s wishes aren’t being carried out properly after their death, you might have grounds to contest or challenge probate.
When can you challenge probate?
There are a number of grounds for contesting probate. But to be successful, you will need to be able to prove one or more of the following:
- A lack of capacity
When someone makes a Will, they must have the mental capacity to understand its contents and what this will mean for their loved ones. If someone close to you did not have mental capacity at the time of writing their Will, you could challenge the document’s validity. - Excessive influence
If it can be shown that an individual was subject to undue influence at the time of writing their Will, it might be possible to dispute probate. This will usually apply if the deceased was vulnerable and taken advantage of by a family member or friend. - Fraud or forgery
Thankfully, fraud or forgery surrounding Wills and probate is rare. But it can happen. If you’re considering challenging probate on these grounds, you will need to have strong supporting evidence as they can be especially difficult to prove.
These points relate to the validity of the Will itself. But you may also be able to contest probate if you believe that the executor is not fulfilling their duties in line with the terms set out in the Will. This could apply if the executor:
- Does not take all the necessary steps to protect the deceased person’s assets
- Fails to distribute the estate in accordance with the deceased person’s wishes
- Puts their own interests before those of the beneficiaries
It’s also important to note that you’ll only be able to dispute probate if you’re someone who has an interest in the Will. This means that you must either be a beneficiary named in the Will, a dependant of the deceased person, or someone who is owed money from the estate.
If you’re not sure whether you’re eligible to challenge probate, our advisors can help you. We’ll listen to the details of your situation and answer any questions you may have about the process.