Contentious probate refers to disputes over wills, estates or trusts – for example:
There are several causes that seem to be driving the increase in probate disputes:
1. Rising Property Values & Greater Estate Wealth
As property prices increase, the financial value of estates are higher. This increased value often makes litigation more financially viable.
2. More Complex Family Structures
Changes in social dynamics such as second marriages, blended families and cohabitation rather than marriage. These create more potential for competing expectations, conflicts and ambiguity in wills.
When someone dies without a valid will (intestate), the statutory rules leave cohabites and stepchildren unrecognised, which can lead to claims.
3. Aging Population & Mental Capacity Concerns
As people live longer, there is an increase in conditions like dementia or other capacity-affecting illnesses. Disputes may arise over whether a testator had capacity, particular when a will is made late in life.
4. DIY Wills
During COVID-19 and more recently, many people made wills without sufficient legal advice (using online kits or DIY tools). Such wills may have ambiguous wording, missing elements or lack proper witnessing. These increase the risk of challenge.
Our specialist Contentious Trusts and Probate team are here to help if you are concerned about a contentious trust issue. We frequently advise both beneficiaries and personal representatives and have a wealth of experience in working to resolve issues.
For more information, please contact our Contentious Trusts and Probate Team here.
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