Contested probate is a dispute relating to an estate. The word ‘probate’ is, perhaps, slightly misleading because ‘probate’ is the process of administering an estate where the deceased left a will. The process of administering an estate without a will is an administration. However, most use the phrase “contested probate” or sometimes “contentious probate” to describe a challenge to an estate whether or not there is a will. B P Collins’ contested probate team explores what may be involved.
Contested probate is not a claim in and of itself. It is the descriptor used for a group of claims which happen to relate to inheritance or estate matters. Contested probate claims include (but are not limited to):
- Will validity disputes;
- Claims to remove executors or personal representatives or to appoint new ones;
- Claims under the Inheritance (Provision for Family and Dependants) Act 1975 (often known as 1975 Act Claims or Inheritance Act Claims) which are claims for reasonable provision from an estate;
- Claims by executors or personal representatives, such as claims to force beneficiaries who have alleged a claim against the estate to bring their claim (also known as a ‘put up or shut up’ application);
- Claims to vary the terms of a will post-death; and
- Claims against property held in an estate such as a propriety estoppel or constructive trust claim.
Contested probate solicitors also usually deal with claims relating to trusts including those who arise during a person’s lifetime, and not just trusts which are established under the terms of a will.
Contentious probate is a specialist area of law. Contested probate claims have particular rules relating to the procedure used to manage them, where the claims are issued (as in which court the contested probate claims are heard in), and who should be a party to the claims. These rules can be difficult to follow and the consequences of failure to comply can be severe.
It is therefore important to seek advice from a specialist contentious probate solicitor if you are considering any dispute, challenge, or claim relating to an estate.
At B P Collins, our contested probate team has substantial experience dealing with all aspects of contentious trusts and probate claims, from fraud and forgery and Inheritance Act claims, to removing executors and actions to locate missing beneficiaries.
If you require any advice regarding claims against an estate, please contact the contentious probate team at B P Collins by emailing enquiries@bpcollins.co.uk or calling 01753 889995.
