Contentious Probate.

There are several ways that claims over a person’s estate can arise when they have passed away, including disagreements over:

• the validity of a will, whether it was made correctly, or whether the person making it was influenced in some way
• conflicting or unclear terms in a poorly-written will
• who should and shouldn’t have been included in the will
• any financial support the person who passed away was offering at the time of their passing
• how an executor is handling the estate administration
• how an estate is divided if there was no will
• whether assets are being under- or over-valued, or have gone missing

This list isn’t exhaustive, which is why it’s important to seek advice from a professional. Contentious probate claims that do not have a clear grounds on which to contest the will or probate will likely fail.

Ideally any claims for contentious probate should be brought as soon as possible. There are limitation periods that apply to claims brought on certain grounds, including:

• Inheritance tax disputes – six months from the date of the grant of probate.
• Claims for maintenance – six months from the grant of probate.
• Beneficiaries making a claim against the will – 12 years from the date of death.
• Fraud – no time limit.

When bringing a contentious probate claim it’s essential to act as quickly as possible and ideally prior to any applications for a grant of probate.

There isn’t a set period for how long contentious probate claims take. In cases where a claim is brought on invalid grounds, the claim can be dismissed almost immediately. However, for more substantial claims, it will likely take between 6 to 24 months to bring or defend against any such claims. Bear in mind that this does not include the time required applying for a grant of probate, which is typically done after any claims are settled. This can add on a further 6 to 24 months, depending on the size and complexity of the estate.

In more complex cases, or those where decisions are appealed, timeframes can amount to a number of years. In the recent claim of Rea vs Rea, where our firm was instructed to defend against a contentious probate claim, the case lasted 8 years.

Costs will depend upon how complex a case is, how much evidence there is to comb through and whether expert witnesses are required. If you are considering bringing a contentious probate claim, you should carefully consider whether the size of the estate merits such action. Taking action against an estate worth less than £100,000 is rarely cost-effective.

If defending against a claim, you should always seek legal advice as it may be a simple case of dismissing the claim in the first instance. However, a claim with reasonable grounds that is undefended can quickly drain an estate of all its resources.

The main factors which influence costs include:

• Which grounds are being contested
• Counsel’s (any barrister’s) fees
• Disbursements (fees paid to third parties and court fees)
• Expert witness fees
• How long it takes to resolve the matter

Due to the complexity of contentious probate, most cases will involve bringing in barristers and expert witnesses.

No, we are unable to offer legal aid on any of our services. In some cases we are able to offer conditional fee agreements, however this is on a case-by-case basis.