Probate Dispute

Probate Dispute
Probate Dispute
Full Overview Of Probate Dispute

Probate disputes arise when there are disagreements during the administration of a deceased person’s estate. These disputes can involve questions about the validity of a will, the distribution of assets, the responsibilities of executors, and other issues related to the estate.

At DLS Solicitors, we understand that probate disputes can be complex and emotionally challenging. This comprehensive overview aims to provide a clear understanding of probate disputes, their common causes, the legal framework, and the steps involved in resolving these conflicts.

Understanding Probate Disputes

Probate disputes arise when individuals involved in managing an estate have conflicting interests or interpretations of the deceased’s intentions. If not resolved amicably, these disputes may result in litigation. It’s crucial for anyone involved in the probate process to understand the nature and causes of these disputes.

Common Causes of Probate Disputes

  1. Validity of the Will: Challenges to the authenticity of the will due to claims of forgery, undue influence, or lack of testamentary capacity.
  2. Ambiguous or Contradictory Wills: Issues arising from unclear or multiple wills, leading to confusion about the deceased’s true intentions.
  3. Executor Conflicts: Disagreements over the appointment or actions of the executor, including allegations of mismanagement or breach of fiduciary duty.
  4. Disputes Among Beneficiaries: Conflicts between beneficiaries regarding the distribution of assets, especially if the will is perceived as unfair or inequitable.
  5. Family Provision Claims: Claims by dependents or family members who believe they have not been adequately provided for under the will.
  6. Creditors’ Claims: Disputes involving creditors seeking payment from the estate.

Legal Framework for Probate Disputes

Wills Act 1837

The Wills Act of 1837 is the primary legislation governing the creation and execution of wills in England and Wales. It sets out the formal requirements for a valid will, including the need for the will to be in writing, signed by the testator, and witnessed by two independent witnesses.

Inheritance (Provision for Family and Dependants) Act 1975

This Act allows certain individuals to make a claim against an estate if they believe they have not been adequately provided for. Eligible claimants include spouses, former spouses, children, and individuals maintained by the deceased.

Administration of Estates Act, 1925

This Act provides the legal framework for the administration of estates, including the responsibilities of executors and administrators. It also outlines the rules of intestacy, which apply when a person dies without a valid will.

Trusts of Land and Appointment of Trustees Act 1996

This Act governs the administration of trusts, including those created by a will. It provides the legal framework for the management and distribution of trust assets and the appointment and powers of trustees.

Types of Probate Disputes

Will Contests

Will contests are the most common type of probate dispute. They involve challenges to the validity of a will based on various grounds:

  1. Lack of Testamentary Capacity: Claims that the deceased did not have the mental capacity to understand the implications of their will.
  2. Undue Influence: Allegations that the deceased was coerced or manipulated into making the will in a certain way.
  3. Fraud or Forgery: Accusations that the will was forged or that the deceased was deceived into signing it.
  4. Improper Execution: Arguments that the will was not executed according to legal requirements, such as lacking proper witnesses.

Executor Disputes

Disputes over the executor’s role and actions can also lead to litigation. Issues can include:

  1. Mismanagement of the Estate: Claims that the executor has mismanaged assets, leading to financial loss.
  2. Breach of Fiduciary Duty: Allegations that the executor has acted in their own interest rather than the estate’s or beneficiaries’ interests.
  3. Removal of Executor: Requests to remove and replace the executor due to incompetence or misconduct.

Asset Distribution Disputes

Conflicts over how the estate’s assets should be distributed are common, especially if the will is ambiguous or if there are claims from excluded parties. These disputes can involve:

  1. Interpretation of the Will: Disagreements over the meaning of specific provisions in the will and how they should be implemented.
  2. Disputed Beneficiaries: Individuals claiming they were promised assets or inclusion in the will but were excluded or given less than expected.
  3. Family Provision Claims: Family members or dependents who believe they were inadequately provided for under the will or intestacy laws.

Claims Against the Estate

Creditors or individuals with potential claims against the estate may initiate litigation to recover debts or secure their inheritance. Common claims include:

  1. Creditors’ Claims: Creditors seeking payment for debts owed by the deceased.
  2. Family Provision Claims: Family members or dependents who believe they were inadequately provided for under the will or intestacy laws.

The Probate Dispute Resolution Process

Pre-Litigation Steps

Before resorting to litigation, parties should consider alternative dispute resolution methods. These steps can help avoid the time, expense, and emotional toll of court proceedings.


Negotiation involves direct discussions between the parties or their legal representatives to reach a mutually acceptable resolution. It requires open communication and a willingness to compromise.


Mediation involves a neutral third party who facilitates discussions and negotiations between the parties. The mediator helps identify common ground and explore potential solutions. Mediation is confidential and non-binding, allowing parties to withdraw if no agreement is reached.


Arbitration is a more formal alternative dispute resolution method where an arbitrator hears the evidence and makes a binding decision. It is less formal than court proceedings but can provide a quicker and less costly resolution.

Litigation Process

If pre-litigation steps fail, the parties may need to proceed to litigation. The litigation process involves several stages, each requiring careful preparation and legal expertise.

Filing a Claim

The litigation process begins when a party files a claim in probate court. This document outlines the nature of the dispute, the parties involved, and the relief sought. To avoid dismissal, it is crucial to file this claim within the legal time limits, known as the statute of limitations.

Notification of Parties

Once a claim is filed, all interested parties must be notified. This includes executors, beneficiaries, and other parties with a potential interest in the estate. Proper notification ensures that everyone has the opportunity to participate in the proceedings.

Discovery Phase

The discovery phase involves collecting and exchanging relevant information and evidence. This can include financial records, medical documents, witness statements, and other materials that support each party’s case. Parties may be required to give depositions, where they answer questions under oath.

Pre-Trial Motions

Before the trial begins, parties may file pre-trial motions to address specific issues. These motions can request the court to dismiss parts of the case, exclude certain evidence, or compel the other party to provide additional information.

The Trial

The trial involves presenting evidence and arguments to the court. Each party presents their case through witness testimony, documents, and expert opinions. The opposing party has the opportunity to cross-examine witnesses and challenge the evidence presented.

The Judge’s Decision

Following the trial, the judge will review the evidence and make a decision. This decision can include validating or invalidating the will, appointing a new executor, or determining the distribution of assets. The judge’s ruling is legally binding, although it may be subject to appeal.

Challenges in Probate Disputes

Emotional Stress

Probate disputes often involve grieving family members, making the process emotionally charged. Parties may have deep-seated grievances and emotional investments, which can complicate the resolution.

Complex Legal and Financial Issues

Probate disputes can involve intricate legal and financial matters, requiring expert testimony and detailed analysis. Understanding estate laws, tax implications, and asset valuation is crucial for building a strong case.

Lengthy Process

Litigation can be a lengthy process, potentially taking years to resolve. This duration can delay the administration of the estate, causing frustration for all parties involved.


The costs associated with probate litigation, including legal fees, court costs, and expert witness fees, can be substantial. These expenses can deplete the estate’s value, reducing the eventual distribution to beneficiaries.

Case Study: Successful Resolution of a Probate Dispute

To illustrate the probate dispute resolution process, consider the following case study:


Mrs. Taylor passed away, leaving a will that bequeathed the majority of her estate to her youngest son, David, with smaller bequests to her other children, Anne and Robert. Anne and Robert contested the will, alleging that David unduly influenced their mother due to her declining mental health.

Pre-Litigation Steps

Anne and Robert’s legal team attempted to resolve the dispute through mediation. The mediator facilitated discussions between the siblings, but they were unable to reach an agreement.

Litigation Process

  1. Filing the Claim: Anne and Robert filed a claim challenging the will’s validity, citing a lack of testamentary capacity and undue influence.
  2. Discovery Phase: Both parties gathered evidence, including medical records, witness testimonies, and financial documents. Depositions were taken from family members, friends, and Mrs. Taylor’s healthcare providers.
  3. Pre-Trial Motions: David’s legal team filed a motion to dismiss the claim for lack of evidence, which the court denied, allowing the case to proceed to trial.
  4. Trial: During the trial, Anne and Robert’s legal team presented evidence of their mother’s mental decline and alleged manipulation by David. David’s legal team countered with evidence supporting Mrs. Taylor’s capacity and voluntary decisions.
  5. Judge’s Decision: The judge ruled that there was insufficient evidence of undue influence and testamentary incapacity. The will was upheld, and the estate was distributed according to Mrs. Taylor’s wishes.


While Anne and Robert were disappointed, the case underscored the importance of clear evidence and the challenges of contesting a will. The litigation process provided a definitive resolution, albeit with significant emotional and financial costs.


Probate disputes can be complex, emotionally charged, and financially draining. However, understanding the common causes of these disputes, the legal framework, and the resolution process can help parties navigate these challenges more effectively. Whether through negotiation, mediation, arbitration, or litigation, resolving probate disputes requires careful preparation, legal expertise, and a willingness to explore all available options.

At DLS Solicitors, we are committed to providing expert legal support throughout the probate dispute resolution process. Our experienced team is dedicated to ensuring our clients receive the guidance and representation they need to protect their interests and achieve a fair resolution. Whether dealing with will contests, executor disputes, asset distribution conflicts, or other probate-related issues, we strive to offer clear, compassionate, and effective legal solutions.

By approaching probate disputes with professionalism and a thorough understanding of the legal principles involved, we aim to minimise the stress and uncertainty for our clients during what is often a difficult and emotional time. Our goal is to help our clients navigate the complexities of probate disputes, ensuring that the deceased’s wishes are honoured and that all parties receive fair and equitable treatment.

Probate Dispute FAQ'S

A probate dispute involves disagreements over the administration of a deceased person’s estate. This can include disputes over the validity of a will, the interpretation of its terms, the distribution of assets, or the actions of the executor or administrator.

Those eligible to contest a will include beneficiaries named in the will, individuals who would inherit under intestacy laws (if there were no will), and those who were financially dependent on the deceased but not adequately provided for in the will.

Common grounds for contesting a will include lack of testamentary capacity (the deceased was not of sound mind), undue influence (the deceased was coerced), lack of proper execution (the will was not signed and witnessed correctly), and fraud or forgery.

The time limit to contest a will generally depends on the nature of the claim. For example, a claim under the Inheritance (Provision for Family and Dependants) Act 1975 must be made within six months from the date of the grant of probate. Other claims, like challenging the will’s validity, do not have a strict time limit but should be made as soon as possible.

Yes, an executor can be removed by the court if they are not fulfilling their duties properly, acting dishonestly, or are unable to perform their responsibilities. Beneficiaries or co-executors can apply to the court for the removal.

If you suspect a will is a forgery, you should seek legal advice immediately. A solicitor can help you gather evidence and apply to the court to contest the will’s validity.

Yes, beneficiaries can challenge the distribution of the estate if they believe it is not being carried out according to the will or the rules of intestacy. They can seek a court order to compel the executor to distribute the estate correctly.

If there is a dispute over the value of estate assets, the parties may agree to appoint an independent valuer. If an agreement cannot be reached, the court may decide on the appropriate value based on expert evidence.

Probate disputes can often be resolved through mediation or negotiation, where the parties involved agree on a settlement. This can be a quicker and less expensive alternative to court proceedings.

The costs of probate disputes can vary widely, depending on the case’s complexity and whether it goes to court. These costs can include legal fees, court fees, and expert witness or valuation costs. These costs can be substantial, and seeking a resolution through negotiation or mediation is often advisable to minimise expenses.


This site contains general legal information but does not constitute professional legal advice for your particular situation. Persuing this glossary does not create an attorney-client or legal adviser relationship. If you have specific questions, please consult a qualified attorney licensed in your jurisdiction.

This glossary post was last updated: 11th July 2024.

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Our team of professionals are based in Alderley Edge, Cheshire. We offer clear, specialist legal advice in all matters relating to Family Law, Wills, Trusts, Probate, Lasting Power of Attorney and Court of Protection.

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