The death of a loved one should mark a period of reflection and closure.
However, for many families, a lack of clarity or communication may result in legal disputes after death.
In this blog, our Probate Dispute Lawyers outline the most common contentious probate disputes we encounter and why they arise.
Dying Without a Will: Intestacy Disputes
One of the most frequent triggers for a dispute is the absence of a valid Will, i.e. when a person dies intestate.
When someone dies intestate, their estate is distributed in accordance with the intestacy rules, which are set out in law, regardless of their personal wishes.
This can lead to significant problems arising, particularly for unmarried partners, stepchildren, or others who were financially dependent on the deceased but are excluded under the intestacy rules.
These circumstances often form the background to claims being brought against the estate.
Claims Under the Inheritance (Provision for Family and Dependants) Act 1975
This legislation allows certain categories of people, including spouses, former spouses, cohabitees (if they lived with the deceased continuously for 2 or more years immediately before death), children, and financial dependants, to apply to the court where the deceased’s Will (or the intestacy rules) fails to make reasonable financial provision for them.
Importantly, a 1975 Act claim is not about rewriting the Will or questioning its validity.
Instead, the court considers whether the claimant has been left without adequate provision for their maintenance, taking into account factors such as financial need, the size of the estate, and the competing claims of beneficiaries.
These claims are often sensitive and fact‑specific, particularly where expectations were never discussed during the deceased’s lifetime.
Disputes Over the Validity of a Will
Even where a Will exists, silence during the deceased’s lifetime often lies at the heart of disputes over its validity.
Disputes commonly arise where a Will was made late in life, prepared without professional advice, or represents a significant change from previous arrangements, particularly where no explanation was given to family members by the deceased.
When those affected are left in the dark, suspicion and conflict can quickly follow.
Challenges to a Will typically focus on whether the deceased truly understood and approved its contents, whether external pressure played a role or whether the deceased had the capacity to make the Will.
In the absence of open discussions or contemporaneous records explaining why changes were made, disappointed beneficiaries may feel compelled to question how and why the Will came into existence.
Undocumented Promises and Proprietary Estoppel Claims
Silence during a lifetime is also often at the core of proprietary estoppel disputes.
We regularly encounter situations in which someone claims they were promised a property, business, or other asset, only to discover after death that there is no written record and no mention of it in the Will.
These cases frequently arise when assurances are given informally, behind closed doors, and are never properly documented or explained to others.
Problems arise when the deceased changes their mind about leaving the asset as they had assured the person they would, and does not explain this decision to the person.
When intentions are not recorded in writing or discussed openly, expectations can grow unchecked.
Family members may shape life decisions around those promises, for example, working in a family business, caring for the deceased, or remaining in a property believing their future is secure. It is only after death that the conflict surfaces.
These circumstances can give rise to proprietary estoppel claims, in which the court will seek to give effect to the broken promise.
Such disputes are often emotionally charged and difficult to resolve, relying heavily on piecing together past conversations, conduct, and assumptions.
In many cases, the dispute could have been avoided had the deceased clearly set out their intentions during their lifetime or ensured their Will reflected the promises they had made.
Disputes involving a Executor
Personal Representatives are the people responsible for administering an estate.
Where the deceased left a Will appointing someone to act, the Personal Representative is known as an executor.
A common issue we come across is disputes between co-executors or executors and beneficiaries.
Often, the reason for the dispute is a simple lack of communication from the executor handling the estate, which can lead to suspicions and concerns.
If not resolved, the dispute can escalate and lead to various claims being made, including:
- A claim to remove the executor from their position.
- A claim for an inventory and account (where the executor is required to give an account of their handling of the estate administration to the court).
- A claim against the executor for breach of their duties.
Such claims can be time-consuming and costly.
To avoid this, executors should be encouraged to engage with both their co-executors and beneficiaries in an open and transparent manner.
Many disputes can be resolved through early communication.
Thoughts
Contact Our Contentious Probate Team
Disputes after death can be emotionally and legally challenging.
Our specialist contentious probate team is here to support you with clear guidance and practical solutions. If you need advice, don’t hesitate to get in touch.
0161 941 4000
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Jade Smith
Associate
Jade is a Solicitor within our Contentious Probate Team.
Jade joined the Legal PA team at Myerson Solicitors in 2019 as a Float PA.
Responsibilities included providing PA support across all departments in the firm, including Family, Wills, Trusts & Probate, Residential Property, Commercial Property, Employment, and Dispute Resolution, producing and formatting documents and correspondence, dealing with internal and external calls, as well as providing training to newer members of the PA team.
Jade graduated from Manchester Metropolitan University in July 2019 with a Law Degree and has also recently completed her Legal Practice Course.
About Jade Smith