Contentious Probate & Inheritance Disputes

Concerns about a will may arise because it was changed unexpectedly, signed during a period of illness, prepared through someone who benefited from it or made in circumstances that the family does not understand.

The issues may include whether the person had the necessary mental capacity, understood and approved the will, signed it in accordance with the legal requirements or was subjected to undue influence. Allegations of fraud or forgery require careful examination.

RWS can review the competing accounts, earlier wills, relevant correspondence and available evidence. This can include identifying appropriate requests for information from the person who prepared the will and assessing whether medical records or expert evidence may be needed.

The same careful preparation is important when you are defending a will against a challenge.

A will can be legally valid yet leave an eligible person without reasonable financial provision. Similar issues can arise where there is no will and the estate passes under the intestacy rules.

Claims under the Inheritance (Provision for Family and Dependants) Act 1975 depend on eligibility and the particular circumstances. The deceased's domicile, the applicant's financial position, the needs of other beneficiaries, the size of the estate and the nature of the relationship may all matter.

RWS can help assess the basis of a proposed claim or response, review the financial evidence and develop a proportionate approach to negotiation. Time limits require early attention.

Beneficiaries may be concerned about slow progress, incomplete estate accounts, unexplained payments, a property sale or an executor's personal interest in a disputed asset. Executors may face competing demands and allegations that require a considered response.

RWS can review the history of the administration, identify the information needed and help prepare focused correspondence about the concerns.

Where replacement of an executor or administrator is being considered, the first task is to assess the evidence, the available options and the likely benefit to the estate. RWS can provide this assessment but cannot prepare or conduct the court application. That step needs an appropriately authorised practitioner or, where permitted, the person acting for themselves.

Questions can arise about bank withdrawals, lifetime transfers, property ownership, unpaid rental income or money received by a family member before or after the death.

A useful assessment starts by establishing who owned the asset, who received the money and what explanation or authority is said to justify the transaction.

RWS can analyse bank statements, estate accounts, property documents and correspondence, build a transaction chronology and help identify requests for explanations or records. The aim is to establish whether there is a supportable claim and what evidence is still missing.

Trust disputes may concern the use of trust funds, the treatment of beneficiaries, trustee decisions, conflicts of interest or access to information.

The trust document and the nature of the beneficiary's interest are central. Different trusts give trustees different powers, and the information a beneficiary can seek depends on the circumstances.

RWS can review the relevant documents, assess the disputed decisions and help prepare non-reserved correspondence and settlement proposals. If specialist trust advice or a court application is needed, an appropriately qualified or authorised practitioner must be engaged for that work. RWS's factual analysis can inform the client's instructions, subject to the agreed scope and permitted working arrangements.

Sometimes the dispute concerns the meaning of a clause, the identity of a beneficiary or asset, or whether the final document accurately recorded the instructions given.

These issues require a distinction between interpreting the will and seeking to correct it. A disappointing result alone does not establish a drafting mistake or a right to rewrite the document.

RWS can review the wording, the surrounding documents and the available instructions, and help assess the relevant route and evidence.

A person may have worked in a family business, cared for a relative, paid for improvements or changed their position because they were promised a property or an inheritance.

Some circumstances may support a claim, including a claim based on proprietary estoppel. The precise assurance, the reliance on it, the detriment suffered and the wider context need careful analysis.

RWS can help examine the history and supporting documents, distinguish the possible legal arguments and assess whether negotiation or further advice is justified.

An unfair or unexpected distribution does not, by itself, make a will invalid. A challenge to validity requires a recognised legal basis. Separately, an eligible person may have a claim for reasonable financial provision under the Inheritance Act. These are different questions and need different evidence.

Yes. A grant does not necessarily bring every possible dispute to an end. The available options depend on the type of claim, the relevant time limit, the progress of the administration and whether assets have been distributed. Explain the position promptly when seeking advice.

Different claims have different time limits. An Inheritance Act application generally needs to be made within six months of the first grant of representation taken out in the estate, unless the court gives permission for a late application. Permission should not be assumed, and the court will consider the reasons for the delay and any prejudice to the estate or beneficiaries. Other challenges have different rules. Sending a letter or discussing settlement does not, by itself, stop a limitation period running.

A caveat can temporarily prevent a grant in an appropriate dispute. It does not decide the underlying case or freeze every estate asset. Its suitability depends on the issue and the stage reached. RWS can help assess the position. Preparing or lodging probate papers must be undertaken by an appropriately authorised practitioner or, where permitted, by the person acting for themselves.

You should not assume that they will. Responsibility for costs depends on the type of dispute, the parties' conduct and any agreement or court decision. The costs risk needs to be considered alongside the merits before committing to a course of action.

A client may seek a separate, independent second opinion or evidence review from RWS within its non-reserved scope. The proposed instruction and relationship with the existing advisers must be assessed first. Working for, being remunerated by or working under the direction of a solicitor or regulated firm may require prior written SRA approval because of Ryan's suspension. Any required approval must be obtained before that arrangement begins. A solicitor's supervision alone does not remove this requirement.