Contentious Probate Estate Administration

When using the term estate administration disputes, we are referring to any disputes about how a person’s estate is administered after their death. Claims under the Inheritance (Provision for Family and Dependants) Act 1975, or disputes about whether a Will is valid or not are dealt with separately. Estate administration disputes involve conflicts regarding the management and distribution of assets from a deceased person's estate, often arising due to disagreements among beneficiaries, executors, trustees, or creditors.

Common issues include disputes over the validity of the Will, interpretation of its terms, claims of undue influence or lack of capacity, disagreements over asset valuation, and conflicts among beneficiaries or family members.

Parties involved may include beneficiaries named in the Will, potential beneficiaries contesting the Will, executors or administrators responsible for estate management, trustees overseeing trust assets, and creditors seeking repayment from the estate.

Legal representation, particularly from experienced litigation solicitors, is crucial in navigating complex estate disputes. We can provide legal advice, represent clients in negotiations or court proceedings, and work to protect our clients' rights and interests throughout the dispute resolution process.

The duration varies depending on factors such as the complexity of the issues, willingness of parties to negotiate, and whether litigation is necessary. Some disputes can be resolved relatively quickly, while others may take months or even years to settle.

In most cases, no. Most disputes are resolved by negotiation and discussion, without having to go to court. However, sometimes this is not possible, and court is required to sort things out.

We know most people want to keep their dispute out of court and we will always try to do what we can to resolve things out of court, whether by mediation or other type of non-court-based dispute resolution process. If court proceedings are required, we will support at every stage.

To minimise the risk of disputes, individuals can create clear and comprehensive estate plans, communicate openly with family members and beneficiaries about their intentions, and seek professional advice to ensure their wishes are legally documented and properly executed.