More on Contentious Probate

Other grounds for challenging a Will

Negligent Will drafting

You are entitled to bring a claim against the drafter of a Will if you think that he or she has been negligent. In preparing a Will the solicitor owes a duty of care to the intended beneficiaries as well as the testator. Examples of this can include failure to make sure that the testator was entitled to leave property, or taking so long to make a Will that the intended maker dies.

Personal Representative disputes

You may think that the Personal Representative of the estate is not acting in the best interests of the estate, acting negligently or is failing to provide the necessary information to people. They could also be unreasonable, have a disagreement about their decisions or feel that feel they are misusing their power because they have a personal interest in the case. If this is the case then it’s possible to apply to the court to remove him or her or appoint a judicial trustee.

Estate administration claim

The executors and administrators of an estate are under legal obligation to collect and safeguard estate assets, pay the debts of the deceased and give out the estate to its beneficiaries correctly. If they fail their responsibilities it can lead to the estate suffering loss. Reasons for this include selling assets under their real value, or not collecting all of the assets of the state properly. If this is the case then they can be personally liable for maladministration or misappropriation.

Constructive Trust

It is possible to make a claim you have funded the acquisition of an asset that is held in the name of the deceased but actually belongs to you.

Promissory estoppel

It is possible to enforce a promise made by the deceased that is not fulfilled in the Will if you relied on that promise and acted upon it to your detriment.

Mediation

Mediation is a method of minimising the costs of contesting Wills claims, disputes involving the administration of the estate and settling inheritances. It is a place where the parties involved attempt to reach a settlement before going to court. Mediation is conducted with less formality than the court and both opposing parties are given the opportunity to express their views. As such, often a solution can be can be found that allows both parties with something rather than nothing. When contesting a Will, this is relevant as a Court can only decide whether a Will is valid or is not. Although mediation is not inexpensive, it is certainly less costly than going to court. A key benefit of mediation is that it aims to seek agreement rather than a pitched battle between two entrenched points of view.

How to challenge a Will

The people at work look down on me The majority of people must inevitably consider how to make a will at some point during their lives, but many different options are available.

Legal aid with contesting a Will

Don't jibe this scribe! In this day and age it is a sad fact that more and more people are choosing to contest the wills of family members who have passed away.