Family disputes over probate can be emotionally driven, and they often escalate due to long-standing conflicts or unresolved grievances. A family member’s death can amplify these issues and result in legal battles.
When a loved one passes away, the process of distributing their estate can often give rise to unresolved family conflicts and emotions can run high. While many families manage to settle estate matters without dispute, unfortunately others find themselves involved in disagreements over how the estate is administered and managed. These situations can be difficult and complex.
At Brethertons we offer expert legal support to clients facing such disputes. Our team is dedicated to resolving estate-related conflicts in a way that is both legally sound and sensitive to the emotional strain these matters place on families. Below, we explore some of the most common probate disputes that can arise, and how we can help you protect your interests during what is often a highly emotional time.
1. Challenges to the Validity of a Will
One of the most common causes of conflict after someone dies is when family members or other potential beneficiaries challenge the validity of the deceased’s Will. These disputes can arise for a variety of reasons, as such:
- The deceased may have lacked mental capacity to make a Will, meaning they didn’t fully comprehend the consequences of their actions at the time of executing the Will.
- There may be claims that the Will was made under duress or coercion with another party influencing the deceased to change the Will for their benefit.
- A Will must be signed and witnessed according to strict legal requirements. Failure to comply with these formalities can result in a Will being declared invalid.
2. Distribution of the Estate
If no provision has been made for certain categories of people it may be possible to make a claim against the estate.
Under the Inheritance (Provision for Family and Dependants) Act 1975, provides an opportunity to make a claim. Learn more about making a claim here.
3.Executor Disputes
The executor of an estate has a crucial responsibility to ensure that the deceased’s wishes are fulfilled and that the estate is distributed according to the terms in the Will. However, issues can arise when executors disagree with one another, fail to follow the instructions set out in the Will, or act in a way that benefits themselves rather than the estate and its beneficiaries.
Issues that may arise include some of the following:
- Allegations of financial mismanagement can arise if an executor is seen to have made poor investment decisions or misallocated funds in the estate.
- Executors may have interests that conflict with that of the beneficiaries, which may result in friction and disagreements.
Ensuring the executor is fulfilling their duties is a pivotal part of the administration process. If you have any reason to believe that the executors are failing to do so, our team of legal experts can help you in addressing the issues and ensure the estate is administered properly, and fairly.
Why choose Brethertons?
At Brethertons, we understand that family conflicts are rarely straightforward, and we take a compassionate approach to resolving these matters. While litigation may be a necessary stance to take in some cases, we also encourage alternative dispute resolution methods to help you navigate your way through family conflicts and reach a solution without the need for a lengthy court battle.
Probate disputes matters are often highly emotional and can be legally complex. Obtaining legal representation is crucial to ensure that your rights and interests are protected. Our dedicated team has extensive experience in all aspects of contentious probate including will disputes, inheritance claims, executor disputes, and trust disputes.
If you are facing in a dispute, or if you would like to discuss your matter, please email info@brethertons.co.uk or phone 01295 270999 (Banbury Office), 01869 252161 (Bicester Office), 01788 579579 (Rugby Office) or 01242 472747 (Cheltenham) to speak to a member of our team who would be happy to discuss the next steps with you.
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