The Rise of Contentious Probate

Disputes concerning the administration or the distribution of trust funds or a deceased person’s estate are increasing.

 Reasons for this include:

·       Increased property prices mean that estates are worth more. With more money at stake, the chances of a dispute are higher as more people are willing to challenge each other over the family assets

·       People are now living longer and this increase in life expectancy means that Wills are being made and changed later in life. This could lead to concerns that the testator might not have had the requisite capacity to make their Will, been the victim of undue influence or not known and approved of the contents of their Will

·       Family life is becoming more complex than it has been previously with an increase in second marriages and relationships. For example, a second spouse and children from a previous marriage are both likely to expect to benefit from a Will, even extended families who live away and don’t have much contact with the testator

·       A greater expectation of receiving inheritance, coupled with the economic climate, means that relatives and dependents can feel disappointed with what they have inherited. Added to this is the increasing cost of living and the reliance upon the ‘bank of mum and dad’

Types of claim

 The most common disputes involve:

·       Arguments about the validity or interpretation of a Will

·       Claims for financial provision under the Inheritance (Provision for Family and Dependents) Act 1975 to be made for persons who were excluded as beneficiaries or who did not receive as much as they expected

·       Seeking directions from court in relation to the administration of an estate or trust

How can Forbes help?

 As a nationally recognised law firm we have a specialist team of solicitors with a proven track record of successfully concluding all manners of contentious probate issues quickly and cost-effectively.

 Unless handled delicately, inheritance disputes can become drawn out affairs. That is why our priority is to drive disputes to a resolution as soon as possible and ideally without recourse to litigation. Often this is achieved via mediation where, as your solicitor, we can act as the negotiator with all the parties involved. With our approach, the large majority of cases are settled out of court, usually in under 12 months.

 Estate and trust disputes can be very complicated, but our team has real expertise. You can therefore be assured that you will receive the best quality as possible when it comes to funding. We can discuss a range of price and payment options and often work on a no win, no fee basis.

We will discuss flexible options in relation to funding including fixed fees, deferred fees, or 'no win, no fee' arrangements.

For further information please contact Tom Howcroft