Disputes

The process of administering an estate after a death is not always straight forward. The people who are left behind can sometimes disagree about how the estate should be dealt with.

If you are involved in a dispute about money or property after someone has died, our advice would always be to seek specialist legal advice as soon as possible. An experienced solicitor will be able to advise you on what your rights are and whether legal action might be appropriate.

The Inheritance Act gives some individuals the right to make a claim against an estate. This can include those who:

There are circumstances where the Will left by someone who has died might not be valid.

This could be because:

The Court of Protection exists to provide important legal support to individuals who are not able to make decisions for themselves. Often, the Court of Protection will step in to help resolve disputes over the best interests of a vulnerable or elderly person.

This could be because of a dispute between family members about how to support a loved one, or perhaps because of a disagreement between a vulnerable person, their family and their medical team.

You might also need to make an application to the Court of Protection to be granted the authority (or retrospective authority) to make a specific decision on behalf of a vulnerable loved one. This may be because there isn’t a Lasting Power of Attorney in place, or because the decision is one that isn’t covered by an LPA.

Other situations you might require expert legal support for a Court of Protection dispute include:

A trust is a legal mechanism for managing assets on behalf of someone else. For example, someone who has died may have left instructions in their Will for money to be held in trust for family members who are underage or are otherwise unable to manage money themselves.

Disagreements can sometimes arise over a trust. These disputes are often related to how the trust is being managed or how money is being distributed.

If you have any concerns about how a trust is being managed, or if you are involved in a dispute, the best course of action is to seek specialist legal advice. Your solicitor will be able to assess the situation and advise on how you may be able to proceed. This could involve seeking to remove or replace a trustee.

If you’re involved in any kind of legal dispute, it’s likely that your solicitor will recommend mediation as an alternative to going to court.

Mediation is a process where all parties involved in the dispute meet in a neutral space to talk through possible solutions, supported by a professional mediator. The mediator will work with the parties as a group and individually to explore what the outcome might be if the dispute goes to court, and what the alternatives might be.

It can be very beneficial to engage with mediation, as it can often help reach a resolution that works for everyone involved. Mediation can also avoid the need for a long, costly court case.

Our solicitors can advise you about mediation and whether or not it is likely to be productive in your situation.

Contentious probate is a legal term that refers to situations where there is a dispute during the process of administering an estate and applying for probate. It is also sometimes referred to as ‘contested probate’.

Challenging a Will refers to taking legal action against a Will that is no longer valid for some reason. An inheritance dispute is when an individual believes that a Will has treated them unfairly and that they have a specific right to some of the assets from an estate. These issues are explained fully in our ebooks Challenging a Will and Inheritance Disputes.

It can be very distressing if you believe you have been treated unfairly in a Will. You may be able to address this legally if you believe the Will is invalid or if you are able to claim under the Inheritance Act 1975. Unfortunately, if the Will is valid and the Inheritance Act doesn’t apply to you, you will not be able to do anything about a Will, even if you believe it is morally wrong.

Challenging a Will or making an inheritance claim are not quick processes. The length of time it takes will vary on the situation and whether the case goes all the way to court. You should expect matters like these to take a year or more to resolve.

You will only be entitled to challenge a Will if you are personally mentioned in the Will, if you were mentioned in a previous Will made by the person who has died or if you are a close family member. If you don’t fit into these categories, you will not be able to challenge a Will, even if you know it is invalid.

If you are considering making an inheritance claim, you will only be able to do so if your situation meets very specific criteria. Usually, this legal avenue is only open to family members, individuals who had previously been supported financially by the person who has died, or individuals who had been explicitly promised an inheritance and had made a significant sacrifice as a result.

There is no set time limit to challenge a Will you believe is invalid, though we’d always recommend starting the process as early as possible. It is still possible to challenge a Will when the estate has already been distributed, though the process will be more complicated.

If you are making an Inheritance Act claim, you will need to start this process within six months of the date on the grant of representation.

If you believe an executor isn’t doing their job properly, or if you disagree with how they are distributing an estate, the best thing to do is speak to a specialist solicitor right away. They will be able to assess what rights you have in the situation, and if it might be possible to request that the executor is removed from the Will altogether.

If you are involved in a dispute that requires involvement with the Court of Protection, it is likely that the situation is reasonably time sensitive. You will need to contact a specialist solicitor for advice as soon as possible. Your solicitor will assess the situation and help you gather all the information needed to begin the process.

If you believe that a deputy for a vulnerable person is not acting in that person’s best interests, you may be able to report a concern to the Court of Protection. In these cases, the Court of Protection will consider the evidence and decide whether a different deputy should be appointed in their place.