Contested probate (also known as contesting a will) is simply a challenge to the validity of a will. Partly due to the explosion in house prices in the last 20 years, the value of the average estate someone leaves when they die has significantly grown in value - giving rise to disagreements about how the estate should be divided.
There can be several reasons for contesting a will including:
- A beneficiary disputes their inheritance (under the Will itself or under intestacy rules in the Inheritance Act 1975). The claim is brought on the ground that the deceased's dependants or family did not receive 'reasonable' financial provision from the estate.
- A professional negligence claim is brought against a professional, eg a solicitor or will writer who has negligently drafted a will.
- Disagreements may arise between the executors of the will.
- The beneficiaries may feel they have a case against a trustee or personal representative.
- The deceased lacked the legal mental capacity when he/she executed the will.
- The deceased made the will under duress or undue influence.
- The will itself is fraudulent.
- The will was not validly made nor validly executed; home made or DIY wills are particularly likely to contain errors and be executed incorrectly.
- Improper alterations; eg codicils were made to the will after its initial execution.
- The will has since been revoked and is no longer legally effective.
- The will is not the last will and testament of the deceased; ie another will exists.
- The deceased's will cannot be found.
Sadly contesting a will often produces a irreparable family splits. Before embarking on contested probate, do give serious thought to the effect this might have on your family.
What is intestacy?
Intestacy occurs when a person dies without leaving a valid will; ie they have either left no will at all, or the will that they have left is invalid for one reason or another. In this situation the law sets out certain rules on how the deceased's assets to be distributed. These rules are however very inflexible and often results in property not being distributed in line with the deceased's wishes. This is of course another good reason for everyone ensuring they have a valid up-to-date will.