How to Deal With Contested Estates

Dealing with a contested estate can be a complicated and emotional process. When someone passes away, their estate - including their property, savings, and other assets - must be distributed to their beneficiaries according to the deceased's will, or, if there is no will, according to the rules of intestacy. However, disagreements between family members or other interested parties can lead to disputes over how the estate should be administered.

A contested estate arises when one or more people challenge the validity of a will, dispute the distribution of assets, or claim that they have been unfairly excluded. Navigating this process can be challenging, but understanding the legal framework and the steps involved can help ensure that the estate is resolved efficiently and in line with the law.

This guide explains how to deal with contested estates, including the legal processes, common causes of disputes, and steps to resolve conflicts.

What Is a Contested Estate?

A contested estate occurs when there is a dispute over the distribution of a deceased person's assets. This can involve disagreements over:

• The validity of the will: If there is a suspicion that the will is not legally valid, a challenge may be made.
• Beneficiary entitlements: Family members or others may contest who should inherit the estate, especially if they believe they were unfairly excluded or that the will does not reflect the deceased's wishes.
• Administration of the estate: The executor of the estate might be challenged if they are seen as not following the terms of the will or failing to carry out their duties properly.
• Inheritance rights: Disputes may also arise from the entitlement of beneficiaries, particularly in the case of intestacy or when someone believes they should have received more.

Contested estates often lead to formal legal proceedings, which can involve the courts, solicitors, and even mediation, depending on the severity of the dispute.

Common Causes of Contested Estates

Several factors can lead to a contested estate. Some of the most common causes of disputes include:

1. Disagreement Over the Validity of the Will

A will can be contested if there is doubt about its validity. Grounds for contesting a will include:

• Lack of mental capacity: If the deceased was not of sound mind when the will was created, it may be challenged.
• Undue influence: If the deceased was pressured or coerced into making a will that does not reflect their true intentions, it can be contested.
• Improper execution: Wills must meet strict legal requirements regarding signing and witnessing. If these rules are not followed, the will may be invalid.
• Fraud or forgery: If the will is believed to be a forgery or was created through fraudulent means, it can be contested.

2. Disputes Between Family Members and Beneficiaries

Family members or other individuals may feel that they have been unfairly excluded from the will, leading to a challenge. Common reasons for such disputes include:

• A change in the will: A will that disinherits a child or spouse or significantly changes the distribution of assets can lead to a challenge.
• Unclear or ambiguous terms: If the will is poorly written or the deceased's intentions are unclear, beneficiaries may contest the way assets are being distributed.

3. Claims of Financial Dependence

Under the Inheritance (Provision for Family and Dependants) Act 1975, certain family members or dependants may have the right to claim financial provision from the estate, even if they were excluded from the will. Common claimants under this law include:

• Spouses or civil partners
• Children
• Individuals who were financially dependent on the deceased

A person may bring a claim if they feel they were not provided for adequately under the will.

Legal Process for Dealing with a Contested Estate

When an estate is contested, the legal process generally involves the following steps:

Step 1: Identifying the Dispute

The first step is to identify the cause of the dispute. Is it a challenge to the validity of the will, a disagreement over how assets should be distributed, or a claim for financial provision? Understanding the source of the conflict will help determine the appropriate legal steps to resolve it.

Step 2: Attempting to Resolve the Dispute

Before resorting to court action, it is often advisable to attempt to resolve the dispute outside of court. This can involve:

• Negotiation: The executor or administrator may attempt to negotiate a settlement with the parties involved in the dispute.
• Mediation: Mediation is a form of alternative dispute resolution where an independent third party helps the parties come to a mutually acceptable agreement.

In some cases, an out-of-court settlement may be possible, which can save time and legal costs.

Step 3: Filing a Claim in Court

If the dispute cannot be resolved amicably, the next step is to file a claim with the Probate Court or the Family Division of the High Court. The claim will typically relate to one of the following:

• A challenge to the will's validity: If the claimant believes the will is invalid, they will need to provide evidence supporting their claim.
• A claim for financial provision: Under the Inheritance (Provision for Family and Dependants) Act 1975, a claimant can seek provision from the estate if they were not adequately provided for.

Once a claim is filed, the court will review the case and determine whether the estate can be distributed according to the will or whether changes need to be made.

Step 4: The Court Decision

After hearing the evidence, the court will issue a decision. The court may:

• Upheld the validity of the will: If the will is found to be valid, the estate will be distributed according to its terms.
• Set aside the will: If the will is found to be invalid, the estate will be distributed according to a previous will or, if no valid will exists, according to the rules of intestacy.
• Order provision for a claimant: If a claimant successfully argues that they have been unfairly excluded, the court may order that they be provided with a portion of the estate.

Once the court has made a decision, the estate can be administered according to the ruling.

Time Limits for Contesting an Estate

The law imposes strict time limits for contesting an estate. Some important time limits to be aware of include:

• 6 months from the date of probate: This is the standard time limit for filing a claim against an estate. Claims made after this period may be rejected unless there are special circumstances.
• 12 years: In some cases, if a claim is based on a will that is believed to have been fraudulent or forged, the time limit may extend to 12 years from the date of the fraud.

It is important for anyone wishing to contest an estate to act quickly and seek legal advice as soon as possible to avoid missing the relevant time limits.

How to Minimise the Risk of a Contested Estate

While it is not always possible to prevent disputes, there are steps that can be taken to minimise the risk of an estate being contested:

• Ensure a valid will: Make sure the will is properly drafted, witnessed, and executed in accordance with the law. This can help reduce challenges based on improper execution.
• Provide clear instructions: A will should be clear and unambiguous about the distribution of assets. If there are any significant changes from previous wills, these should be explained.
• Seek legal advice: Consult with a solicitor to ensure that the will is legally sound and to address any potential issues before they become problems.

Common Questions About Contested Estates

1. How do I challenge a will in the UK?

You can challenge a will on the grounds of mental incapacity, undue influence, fraud, or improper execution. It is essential to have evidence to support your claim.

2. How long does it take to resolve a contested estate?

The process can take several months to a year, depending on the complexity of the dispute and whether the case goes to court.

3. Can I contest a will if I was not included as a beneficiary?

Yes, certain individuals, such as spouses, children, or dependants, can contest a will under the Inheritance (Provision for Family and Dependants) Act 1975 if they were not adequately provided for.

Conclusion

Dealing with a contested estate can be a challenging and lengthy process, but understanding the legal framework and the steps involved can help ensure that the estate is resolved fairly. Whether you are challenging a will, seeking financial provision, or administering an estate, it is important to seek legal advice and be aware of the relevant time limits. By addressing issues early and attempting to resolve disputes amicably, you can help avoid costly and time-consuming legal proceedings.