Challenging the validity of a Will

A Will is intended to provide clarity and certainty about how someone wishes their estate to be distributed after their death. However, concerns may arise about whether a Will is legally valid.

A Will may be challenged where there are concerns about:

• Whether the correct legal formalities were followed when the Will was signed.
• Whether the deceased understood and approved the contents of the Will.
• Whether the Will was made as a result of undue influence or pressure from another person.
• Whether the Will was affected by fraud, forgery or other wrongdoing.
• Whether a later Will should replace an earlier Will.

A challenge to a Will requires careful investigation of the circumstances in which the Will was prepared and executed, together with consideration of the evidence available.

Disputes regarding lifetime gifts made by the deceased

Not all inheritance disputes relate to the contents of a Will. Disagreements can also arise where the deceased made gifts during their lifetime, particularly where there are concerns about the circumstances in which the gift was made or whether it should be taken into account when considering the distribution of the estate.

Common issues may include:

• Whether the deceased had the mental capacity to make the gift.
• Whether the gift was made as a result of undue influence.
• Whether the deceased intended the transfer to be an outright gift or whether conditions were attached.
• Whether other beneficiaries believe the gift unfairly affected their inheritance.
• Whether there is sufficient evidence to establish the circumstances surrounding the gift.

These disputes often require careful consideration of the deceased’s intentions, financial records and evidence from those involved.

Executor and estate administration disputes

Executors have significant responsibilities when administering an estate. They must collect in estate assets, deal with liabilities, communicate with beneficiaries and distribute the estate in accordance with the Will or intestacy rules.

Disputes can arise where beneficiaries believe that an executor has failed to properly administer the estate.

Common issues include:

• Delays in administering the estate.
• A lack of communication with beneficiaries.
• Failure to provide information or accounts.
• Disagreements between multiple executors.
• Concerns about the handling or valuation of estate assets.
• Allegations that an executor has acted improperly or breached their duties.

Where relationships have broken down, early advice can help identify practical solutions and, where appropriate, assist in resolving matters before positions become entrenched.

Claims under the Inheritance (Provision for Family and Dependants) Act 1975

The Inheritance (Provision for Family and Dependants) Act 1975 allows certain individuals to bring claims where they believe that reasonable financial provision has not been made for them from the deceased’s estate.

Potential claimants may include spouses, civil partners, children and certain other individuals who were financially maintained by the deceased.

These claims often involve a detailed assessment of the claimant’s financial circumstances, the size and nature of the estate and the relationship between the deceased and the claimant.

Early legal advice is particularly important in these claims because strict time limits apply and careful consideration must be given to the available evidence and the prospects of success.

Other common contentious probate disputes

• Other disputes relating to estates may include:
• Disagreements between beneficiaries about the distribution of estate assets.
• Claims relating to promises or assurances made during the deceased’s lifetime.
• Disputes involving jointly owned property.
• Disputes concerning the interpretation of Will provisions.
• Professional negligence claims arising from the preparation of Wills or estate planning advice.
• Applications relating to the removal or replacement of executors.

Every estate dispute is different, and the appropriate approach will depend on the circumstances, evidence and objectives of those involved.

How Dutton Gregory can help

Our Dispute Resolution team advises clients on a wide range of contentious probate disputes, including challenges to Wills, disputes involving executors, inheritance claims and claims under the Inheritance (Provision for Family and Dependants) Act 1975.

We provide practical and strategic advice to help clients understand their position, assess the available options and determine the most appropriate way forward.

Whether a dispute can be resolved through negotiation, mediation or requires court proceedings, we work with clients to achieve a resolution that reflects their objectives.