Friends and family often take on the role of executor of a Will. This means they’re the people/persons who administer the Will. While the role can be very rewarding, it can also be a very stressful experience if conflicts occur.

The first thing to address is what exactly is a beneficiary? When we’re talking about Wills, a beneficiary is a person or legal entity (such as a charity), who has been named to inherit something. This could be money or other benefits such as land or property.

Common issues beneficiaries face

A beneficiary may be unhappy with the way the executor has been administering the Will, they could experience conflict with another beneficiary or they may feel they’re entitled to more than what has been left to them.

Other issues a beneficiary may encounter include:

• Delays obtaining a Grant of Probate by the Executors
• Delays administering the estate once probate has been obtained
• Lack of information from the executor or a failure to disclose accounts
• An executor abusing their position. They may for example be dishonest about funds from the estate or try to buy property from the deceased person’s estate for themselves

What to do when there’s a dispute between beneficiaries

What should you do if you’re a beneficiary and there are disagreements over the execution of a Will?

Understand your legal rights

As a beneficiary, you only have legal rights over your share of the inheritance once the estate has been distributed. You do however have a right to information before then which means you can be kept up to date with the administration of the estate.

If you’re worried an executor isn’t being as open as they should be, a solicitor can help you make a request to see the accounts. Additionally, if you feel an estate is being mismanaged, you have the right to take legal action against the executor.

Do you have grounds for contesting the Will?

In the UK, there are a number of grounds in which a Will can be contested.

• Lack of testamentary capacity (the person who made the Will did not have the relevant mental capacity to understand their actions)
• Undue influence or coercion took place
• Lack of knowledge or approval. If a Will has been executed under suspicious circumstances, for example you suspect the person was threatened with physical violence or subjected to verbal bullying, the court must be satisfied that the person making the Will understood and approved the contents of their Will.
• It has not been completed correctly under the Wills Act 1837
• Forgery or fraud has occurred

Appoint a solicitor

In situations like this, it’s always advisable to seek legal advice early on. Inheritance law can be complicated and the last thing you want is to end up in a messy court battle. As well as being incredibly stressful during what is already an upsetting time, you could be left with a hefty legal bill with little to show for it.

Your solicitor will be able to advise you on the best course of action which could include:

• Requesting a full inventory of the estate
• Requesting a full inventory of the accounts
• Applying to remove an executor and replace them with someone more suitable
• Applying for the estate to be restored if the executor’s actions have caused it to lose value
• Making a claim against the executor for breach of their duties

If you’re a beneficiary and would like further advice about contesting a Will, please use the form provided to get in touch with us.

These materials and content have been prepared for the benefit of their viewers/readers. They are intended for marketing purposes only and are of a general nature and do not constitute legal advice applicable to any particular facts or circumstances. Kidd Rapinet LLP and/or the author(s) accept no duty of care, responsibility or liability for any loss or damage which you or any third party may suffer as a result of any reliance or use by you or they of these marketing materials and content, except to the extent it is not legally possible to exclude such liability. If you require legal advice on your own situation, please contact us so we can discuss how we may assist.

Probate disputes arise when there’s a disagreement over the administration of someone’s estate when they die. This could include a dispute over the value of assets, the interpretation of a Will or dealing with difficult executors.

Probate disputes are actually on the rise and there are a number of reasons for this:

• With an increase in second marriages, families are now more diverse than ever. Where couples have separated and then merged with new families, the cross-over can cause conflicts
• An increase in life expectancy means people are making Wills, or changing them, at an older age. This can lead to concerns that they weren’t in the right frame of mind at the time
• With property prices higher than ever, people’s estates are worth more. Generally, the more money there is at stake, the greater the likelihood of a dispute

Common probate disputes

Probate disputes are typically caused by issues in a Will. Some of the most common problems we see include:

• Disagreements between beneficiaries. Someone may feel they should be entitled to more or they wanted something sentimental such as a piece of jewellery which was left to another beneficiary
• An executor is mismanaging an estate
• Disputes over the interpretation of a Will
• Disputes over the value of the assets involved
• There are concerns about the testator’s (the person’s who’s Will it is) state of mind at the time the Will was executed
• Someone who was expecting to inherit hasn’t been included as a beneficiary
• Someone was financially dependent on the deceased before their death but hasn’t been listed as a beneficiary

Probate disputes can be raised even if there isn’t a Will. Dependents of the deceased may want to challenge how the estate has been divided for example or if you were particularly close to someone, you may have concerns over the way in which their legacy is being handled.

How to avoid a probate dispute

You want to ensure that your legacy is left to the people you love and that they’re well looked after when you’re no longer here. The last thing anyone would want is for their estate to cause division among their loved ones.

The best way to avoid a probate dispute is to seek legal advice and to put a Will in place. By clearly expressing who you want your estate to go to, this reduces the likelihood of disagreements occurring.

When writing your Will, ensure:

• It has been drafted properly. We recommend using a reputable law firm or Will writing company. We do not recommend making a DIY Will – this is one of the most important documents you will ever create in your life.
• The Will has been signed or executed by the testator. If it hasn’t, it will be invalid which opens the door to potential probate disputes
• The testator is of sound body and mind at the time of making the Will. You can obtain a report testifying to your ‘testamentary capacity’ if you are elderly or have been diagnosed with a condition that affects your capacity, such as dementia
• The Will must be signed by the testator in the presence of two or more witnesses (present at the same time). Each witness must also sign the Will in the presence of the testator
• Keep your Will in a safe place and ensure your executor/s know where it is. While copies can be made, the original prevents disputes occurring
• Review and if required, update your Will every few years or when your circumstances change (marriage, divorce, grandchildren or receiving inheritance yourself for example). Remember to destroy any earlier Wills

If you would like help making a Will or dealing with a probate dispute, please call our offices or use the form to get in touch with a member of our team.

These materials and content have been prepared for the benefit of their viewers/readers. They are intended for marketing purposes only and are of a general nature and do not constitute legal advice applicable to any particular facts or circumstances. Kidd Rapinet LLP and/or the author(s) accept no duty of care, responsibility or liability for any loss or damage which you or any third party may suffer as a result of any reliance or use by you or they of these marketing materials and content, except to the extent it is not legally possible to exclude such liability. If you require legal advice on your own situation, please contact us so we can discuss how we may assist.

When someone dies, everything they own is referred to as their estate. This can be made up of cash, money in the bank, savings, property, jewellery, artwork – anything that’s an asset.

Unfortunately, who inherits this can sometimes lead to disputes. Individuals then seek legal advice to find out about making a claim on an estate. Some of the more common reasons we see claims against estates include:

• Someone died before they made a Will
• The Will hadn’t been updated to reflect the person’s most recent circumstances. For example, they divorced and had a new partner
• Questions over the person’s mental capacity when they made the Will
• The person didn’t comply with the legal requirements for making the Will
• Someone was pressured or coerced into making the Will, or someone lied to them to get them to change it
• Inheritance Act claims – you feel the person who died should have provided for you
• The person made you a promise to leave you something in their will and they didn’t follow through

How do I make a claim on an estate?

 If you wish to make a claim on an estate, below is a guide which takes you through some of the issues you’ll need to consider.

Do you have grounds to make a claim?

 Obtain a copy of the Will as soon as possible from the Executor(s). The best thing to do is seek early legal advice to establish if your claim has any merit or not.

Check you’re within the time limit to make a claim

 There are strict time limits in which you can make a claim on an estate. Below we’ve listed the nature of each claim and how long you have to contest it.

• Inheritance Act – six months from the Grant of Probate
• Claim for maintenance – six months from the Grant of Probate
• Rectification claims (where there has been a clerical error for example) – six months from the Grant of Probate
• Beneficiary making a claim – 12 years from the date of death
• Suspected fraud – no time limit

Consider entering a caveat

In some cases, it’s a good idea to enter a caveat. This means that the Probate Registry will not be able to issue a Grant of Probate or letters of administration. It’s easier to claim against an estate where probate hasn’t been granted and the assets haven’t been distributed yet.

Consider Alternative Dispute Resolution (ADR)

An ADR service such as mediation, can help you to negotiate with the other parties involved. This will help to resolve conflicts quicker and with a bit of luck, outside court. This helps reduce stress for everyone involved and keeps legal costs down as well.

Follow the Pre Action Protocol

This protocol aims to deal with disputes quickly, cheaply and ideally, without going to court. The Association of Contentious Trust and Probate Specialists (ACTAPS) has produced guidance on how to follow the protocol. This is known as the ACTAPS Code and it can be downloaded from their website.

Seek legal advice

Whether your claim ends up in court or not, we highly recommend seeking professional advice from a reputable solicitor. Making a claim on an estate can be complicated and in cases like this, emotions often run high.

If you would like advice or support making a claim, please don’t hesitate to get in touch either by phoning our office or using the form provided.

These materials and content have been prepared for the benefit of their viewers/readers. They are intended for marketing purposes only and are of a general nature and do not constitute legal advice applicable to any particular facts or circumstances. Kidd Rapinet LLP and/or the author(s) accept no duty of care, responsibility or liability for any loss or damage which you or any third party may suffer as a result of any reliance or use by you or they of these marketing materials and content, except to the extent it is not legally possible to exclude such liability. If you require legal advice on your own situation, please contact us so we can discuss how we may assist.