Disputed Estates & Will Dispute Solicitors

The person making the Will (the Testator) will need to consider all of the potential beneficiaries, some of whom may need financial support in the event of the Testator’s death and some of whom the Testator might wish to benefit for a variety of other reasons.  The making of a Will is a relatively straight forward exercise and your solicitor will talk you through the process.  It is also relatively inexpensive compared to the possible consequences of inaction or, in some cases, the dreaded home-made Will.

There are many potential problems where a Will is not professionally drafted and executed with supervision, which can lead to a contentious probate claim following the testators death. These can include:-

• The Will may not have been validly signed and witnessed and, therefore, may have no effect. 
• The wrong person may have acted as a witness, losing an intended benefit under the Will.
• Amendments may not have been properly signed and witnessed.
• The wording of the Will might not reflect the true intention of the Testator and might not have the desired effect.  In some cases, a lack of clear intention can cause the whole Will to fail.
• There may be a dispute as to the Testator’s mental capacity at the time that the Will was made or as to whether the Testator was subjected to pressure.
• The Will may not deal adequately with the needs of potential beneficiaries or the Testator’s dependants, leading to claims being made against the estate.
• There may be no valid Will, so that a dependant or family member is left to rely upon the intestacy rules, which might not provide reasonable financial support in that person’s particular circumstances, leading to a claim against the intestate estate.
• There may be issues over the administration of the estate and the actions of Executors or even the past actions of attorneys during the Testator’s lifetime, which need to be investigated.

Why Disputed Estates Arise: Common Causes of Contentious Probate

Contentious probate refers to disputes over how someone’s estate is distributed after their death. These disputes can arise for several reasons, especially when a will is not professionally drafted and executed:

• Invalid Signing or Witnessing: The will may not have been validly signed or witnessed, rendering it ineffective.

• Wrong Witness: If the wrong person acts as a witness, intended beneficiaries may lose their inheritance.

• Improper Amendments: Changes to the will may not be properly signed and witnessed.

• Unclear Wording: Ambiguous wording may not reflect the testator’s true intentions, potentially causing the will to fail.

• Mental Capacity or Undue Influence: There may be disputes over the testator’s mental capacity or whether they were subjected to pressure.

• Inadequate Provision: The will may not adequately provide for beneficiaries or dependants, leading to claims against the estate.

• No Valid Will: If there is no valid will, dependants or family members may need to rely on intestacy rules, which may not provide reasonable support, resulting in claims against the estate.

• Administration Issues: Disputes may arise over the administration of the estate or the actions of executors or attorneys.