Contested Probate

When someone dies leaving a will the estate used to go to probate. This means that the individuals named in the will that the deceased personal representative must obtain a grant of probate from the Probate Registry. This document gives them the power to deal with the affairs of the deceased and administer the estate under the terms of the will.

But this is not always as simple as it should be. The circumstances may come to light which means that the estate can not be treated in the way for the deceased. There are two issues that are particularly common increasingly give rise to contested registrations.

Firstly, contested registrations often arise when the testator (the person making the will) was not mentally competent to make a will. The law sets guidelines with representatives of the testator must follow the instructions in the making and execution of a will where the testator's mental state a cause of concern. This includes keeping accurate notes on the mental state of the testator at the time and asking their doctor to give an opinion as to whether or not they had the mental capacity to make a will.

If approval is attacked on the basis that the testator was not mentally capable of making a will, all evidence must be produced to the Court. It may be family members who may also make statements about the mental capacity of a testator who can help solve the problem.

Second, a person who is not a beneficiary under the will may file a claim under the Inheritance (Provision for Family and Dependants) Act 1975 for the financial support of the estate. This could be a co-partner, a disabled adult or close friend who relied on the deceased for financial support. This situation can occur when the will is not adequate provision for a dependent.

Unfortunately, because of the contentious nature of these claims, they cause a considerable delay on the distribution of an estate and the beneficiaries will have to wait much longer than they could for their inheritance. In addition, the value of their legacy will almost certainly be reduced because the legal fees incurred in defending any such claims out of real estate funds.

Fortunately, the majority of approvals are simple but be aware that this is not always the case.

To minimize the risk of a contested probate , it is recommended that your will is updated and you tell your family your intentions regarding your estate and to help cope with the probate .