Contentious probate is a legal term relating to a dispute about a deceased person's will. The dispute may relate to the will itself or to the way in which the process of dealing with the deceased person's estate has been administered.

In this article, we take a look at some of the types of dispute that can arise when someone dies and look at how a solicitor can help you if you are involved in such a dispute.

Contesting the Validity of a Will

Sometimes contentious probate can arise because the validity of the deceased person's will has been brought into question. Wills can be legally invalid for a number of reasons. For example, if the person making the will did not have the mental capacity to understand what he or she was doing when they made it, if they were unduly influenced by someone else when they made the will, or if the will was not correctly signed and witnessed, it may not be valid.

Disputing the Terms of the Will

Contentious probate can also arise when a relative is not happy with the terms of the will. This could be because he or she feels that they have been unfairly excluded from the will, or because they don't believe that they have been left with adequate financial provision.

However, it's not just the division of assets that can cause disputes when someone dies. If the deceased person has young children, for example, a relative may be unhappy about the arrangements laid out for the care of these children in the will.

Contentious Probate Relating to the Administration of the Estate

Sometimes a dispute can arise because a relative of the deceased person feels that the executors of the estate are not carrying out their duties correctly. This could be because they believe that the executors are unnecessarily delaying the process, are misinterpreting something in the will or are not properly carrying out the wishes of the deceased person as stated in the will.

Occasionally, disagreements about the administration of the estate also arise between the executors of the will.

How a Probate Solicitor Can Help

If you believe that your relative's will may be invalid for some reason, or are unhappy with the terms of the will, you should contact a probate solicitor as soon as possible. There are time restrictions relating to contentious probate, so it's important to get advice quickly. Your probate solicitor will be able to advise you as to whether or not you are likely to have a claim and, if so, explain the procedure for contesting a will to you and help you to prepare your case if you wish to proceed.

If you have been named as an executor for someone else's estate, it's wise to contact a probate solicitor as soon as possible when your loved one dies. Acting as an executor can be a complicated procedure and by taking legal advice from the start, you'll be able to minimise the risk of any disputes arising as a result of the administration of the estate.

Michelmores Solicitors is a leading legal firm, with offices in London, Exeter and Sidmouth. Michelmores provides legal services in a number of practice areas, including contentious probate.