Contentious Probate Rules
Contentious Probate Disputes
Contentious Probate rules exist to provide individuals who are dissatisfied with the current distribution of the deceased person’s estate with a legal remedy to rectify their dissatisfaction. If you rely on contentious probate rules to correct your loss of inheritance. Claiming an inheritance can be a very lengthy and long process. Going Legal Limited try to resolve all contentious probate disputes also describe the range of disputes that arise after someone has died.
Contentious Probate claims can arise whether the Deceased person made a Will or not. If the Deceased person did not make a Will, their estate will be distributed according to the Rules of Intestacy. Contentious Probate claims can arise here if the beneficiaries under the Rules of Intestacy exclude any individual(s) who expected to inherit, or who feel they ought to have inherited from the Deceased person estate. If the Deceased person did make a Will, but that Will does not comply with prevailing legislation, then contentious probate claims can also arise.
There can be some confusion around when a Caveat should or should not be used. If you are considering lodging a Caveat against a Deceased person’s estate, or have already done so, or you have already received a Warning against a Caveat you have lodged requesting that you enter an Appearance, then you may wish to be introduced to a Solicitor that is experienced in Contentious Probate Rules to resolve your case.
What is Contentious Probate?
Contentious Probate claims arise when a Deceased person’s Will, or their estate if the Deceased person did not make a Will, is disputed because an individual received or is due to receive nothing or less than their rightful inheritance. The estate or Will may become open to litigation if a disappointed individual relies on Contentious Probate rules to correct their loss of inheritance.
Situations in which this can arise include where:
- The Will has been executed improperly;
- The Will fails to entirely distribute the estate of the deceased person; or
- The Estate does not adequately provide for the deceased’s dependants.
Other issues may also be considered, for example, the mental capacity of the deceased person at the time their Will was made, fraudulent activity, or any alleged undue influence of someone over the deceased.
Why does Dispute Arise?
Common scenarios where contentious probate rules may need to be relied upon can include those where:
- The Will does not comply with prevailing contentious probate rules or legislation;
- The deceased had not made a Will before they died;
- It is believed that fraud was committed when the Will was made;
- The deceased wasn’t mentally capable of making the Will;
- The inheritance has not been paid to beneficiaries;
- A person, financially dependent on the deceased, has not been sufficiently provided for in the Will;
- The Will has gone missing or been irretrievably damaged;
- A beneficiary, unconnected to the deceased, exists (e.g. a charity is included as a beneficiary);
- An inheritance was promised by the deceased in return for some kind of undertaking, but it did not transpire despite the undertaking having been completed;
- The deceased person’s children have minimal income or savings, or an atypically high, but unavoidable expenditure;
- Undue pressure was put on the deceased by a ‘serial’ beneficiary when the Will was made;
- A Trust’s beneficiary has not received an inheritance, or has received an insufficient inheritance;
- In Scotland only: A person related by blood, or legally adopted child of the deceased person has not received an inheritance.
Should any of the above situations match your current circumstances, you should speak to one of our contentious probate specialists who will discuss with you the merits of your claim and (should your claim qualify), introduce you to an experienced Contentious Probate Solicitor to pursue your case on a genuine No Win, No Fee basis.
Time limits apply to bring a claim, so you should not unnecessarily delay. Speak to us in confidence today by calling our 24hr Claim Helpline on 0845 330 9254, or complete the short enquiry form opposite.