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What is contentious probate?

The legal term ‘contentious probate’ refers to any dispute that may arise after somebody’s death. Typically, problems occur from misunderstandings as to how the deceased’s estate should be distributed and who should have control over it. The family of the deceased are usually involved in such conflicts and, in order to resolve the situation, they seek legal assistance.

Most contentious probate disputes involve families during a difficult period, which can therefore throw up sensitivities, intrigue and complexity so when looking for legal assistance, it is wise to carefully consider a solicitor’s experience and background in family law and bereavement disputes.

Although contentious probate is something that is difficult to preempt, some people try to prevent disputes by making Wills while they are still in a clear and healthy mental and physical state. Others make the contents of their will clear to their dependents early to avoid any surprises or confusion. This way, any challenges can be made right away and the rationalisations behind the decisions made in the will can be discussed.