An estate or Will dispute can be a challenging time for all involved. Whether it’s an inheritance claim or the removal of a trustee, such disputes should always be approached in a sensitive and delicate manner. They often involve family members and occur at a time when emotions are understandably running high following the death of a loved one, so remaining calm, fair and compassionate throughout is paramount.
Whether you are a beneficiary or an Executor we can assist you at each stage. Jason Skelton (Executive Director and Solicitor) has extensive experience in dealing with these types of disputes both for Trustees/Executors, beneficiaries (including potential beneficiaries) and other parties who have an interest in the Estate (such as a creditor or person in possession of an asset belonging to the estate).
What is Contentious Probate?
This is a term used to describe any disputes relating to the administration of a deceased person’s estate.
While we are able to help with almost any case of this kind, some of the most common probate disputes we deal with include:
- Disputes relating to the validity of a Will. Challenges can relate to lack of capacity to make a valid Will, undue influence or duress, fraud, lack of knowledge and approval, revocation, and failure to comply with legal formalities
- Disputes on the interpretation of a Will (such as whether a gift takes effect or the class of beneficiaries entitled)
- Where there are is no Will (an intestacy) disputes relating to who is entitled to the estate and or who can administer it
- Disputes relating to ownership of assets and whether they form part of the deceased’s estate
- Disputes between Executors/Trustees and beneficiaries such as how the estate is being administered or distributed, delay, their legal duties and entitlement to financial or other information relating to the estate
- Applications to issue or warn off caveats (a process that can prevent the issuing of a grant of probate)
- Inheritance Act claims (made under the Inheritance (Provision for Family and Dependants) Act 1975. This is a claim where it is alleged that reasonable provision from the estate has not been provided. There are limited grounds to make a claim (including the class of persons who qualify to make a claim) and we can advise further on this when we know the circumstances of your dispute. There are strict time limits (see below) for making such claims so it is important that you take early advice if you wish to make such a claim or are faced with a claim being made against the estate.
- Actions to remove Executors/trustees (for example due to financial mismanagement, conflict of interest, unsuitability or delay)
- Estoppel type claims. These can arise where the claimant has been promised that they will benefit from the estate in a certain way and have acted to their detriment (made sacrifices) in the belief that they would inherit from the estate but either haven’t inherited at all or not to the extent promised by the deceased.
- Professional Negligence claims against a former adviser in respect of errors or omissions in the Will. We can advise you on any potential claims by the estate or by disappointed beneficiaries who have lost out due to such acts or omissions.
Disputes can also arise prior to the death of a loved one. If you’re facing a situation probate case where the person in question is still living, consult the team at CMP Legal. We will be able to guide you through the steps you need to take in order to minimise the likelihood of a dispute arising upon that person’s death.
Issues that can arise during a person’s lifetime include:
- Interpretation of a trust/deed
- Whether Lifetime gifts can be subject to a subsequent challenge
- Financial mismanagement by an attorney appointed pursuant to a lasting Power of Attorney
- Disputes over Deputyship (taking action in the Court of Protection. This court makes decisions for people who are unable to do so themselves because they lack mental capacity)
- Ownership of assets
How much time do I have to claim?
Depending on the type of claim you wish to make or are faced with, there may be strict time frames in which you must take action. In some circumstances, there are no time limits to comply with. Generally, probate claims must be made within 12 years of the date a person becomes entitled to a share in the estate.
However, in some cases, the time limit is much shorter than this. For instance, if you’re making an inheritance claim under the Inheritance (Provision for Family and Defendants) Act 1975, you will be faced with a time limit of 6 months from the date the Grant of Probate or Letters of Administration are issued.
Please note that it is possible to request that the court allows a claim that falls outside of the stipulated time frame, but the grounds on which you can do so are fairly limited and so it is not advisable to miss the deadline. In order to maximise your chances of a successful claim, seek assistance from a probate disputes expert as early as possible.
If court proceedings have already been issued on any claim relating to the estate there will be strict time limits set by the court which have to be complied with and we can advise further on this once we know the circumstances of your claim.
If you are facing a potential estate dispute we recommend you contact us at the earliest opportunity.
From contesting a will to beneficiary claims: How can CMP Legal help?
These types of claims can be legally and factually complex, time-consuming and expensive. We recommend you seek advice at an early stage as often this can help prevent matters from escalating into a full-blown dispute, particularly if one parties actions arise from a misunderstanding as to their legal obligations or entitlements.
We can advise you on the legal issues that apply to your circumstances and issues relating to legal costs such as whether you are entitled to claim your costs from the estate. We will explore with you at an early stage alternative options to court action such as informal meetings/discussions with opponents or mediation as often this can result in a quicker and more cost-effective resolution.
Not all Solicitors have the required expertise to advise on contentious probate matters but as you will see from the Key Contact information below we have the necessary expertise to do so.
Your key contact for Contentious Probate and Will Disputes…
Jason Skelton
Executive Director & Solicitor
Jason Skelton is a skilled solicitor and a Director of CMP Legal. He has more than 25 years of experience in dealing with and advising on a range of contentious matters. In addition, he specialises in contentious probate and estate disputes such as beneficiary claims, will disputes, overseeing trustee duties, and much more.
Jason has acted on behalf of numerous executors, trustees and beneficiaries (including charities) on a wide range of issues. He has also successfully defended many Inheritance (Family and Defendants) Act 1975 claims and made a number of successful claims on behalf of family members or people who were financially dependent upon the deceased in question.
With considerable experience in dealing with high-value and complex estate disputes, as well as advising on the rights and obligations of executors or beneficiaries, Jason can be relied upon to act fairly and sensitively in all matters. He is knowledgeable about the grounds for the removal of a trustee or the removal of an executor and has proven his competence in defending estoppel and resulting/constructive trust claims.
Threats of legal action can heighten tensions between parties and need to be handled sensitively. Jason has the experience and expertise to approach such disputes in the correct manner.