The death of a loved one is always a difficult time. Unfortunately, it can also be a time when confusion, uncertainty or disagreement arises around a Will and how an estate is being handled.
Disputes involving Wills, often referred to as contested Wills, are more common than many people realise - and can affect families long after the funeral has taken place, and sometimes even before.
We regularly advise clients who are concerned about how a Will should be executed, whether executors and trustees are administering the estate or trust properly by fulfilling their legal duties to ensure that beneficiaries receive what is due to them.
What is a contested Will?
A contested Will is any situation where the terms of a Will, or the way it is being carried out, are challenged. This does not always mean the Will itself is invalid. In many cases, disputes arise because of concerns about how the estate is being administered or whether executors or trustees are acting in accordance with their legal obligations.
Common reasons for contesting a Will include questions about the validity of the Will, concerns that the deceased did not have the required capacity at the time it was made, because allegations of undue influence are made, inheritance claims are brought by persons who do not receiving what they expected under a will.
Disputes also arise about how estate assets are being managed or distributed.
Why do Will disputes happen?
Will disputes arise in a number of circumstances and often result in emotions becoming heightened and communication breaking down, often between family members.
Disputes about wills can arise where a will was made in circumstances where there are doubts about the capacity of the testator, or because they were influenced into making a will which prefers a beneficiary over others.
Even where a will was properly made, a will can be challenged by where someone who was expecting to be a beneficiary but is not named in a will, or if they were, the provision for them is unexpectedly different or low, or not in line with assurances or promises made by the testator during their lifetime.
Disputes can also arise regarding the way in which a will, estate or a trust is administered. This can also occur where estates are complex for example where trusts are involved, or where beneficiaries are minors.
A frequent issue we see is a lack of transparency. Executors and trustees have a legal duty to act in the best interests of the beneficiaries, keep proper records and provide information when reasonably requested. When this does not happen, beneficiaries or those acting on their behalf may feel excluded or concerned that the estate is not being handled correctly.
Disputes can also arise where expectations differ from the terms of the Will, or where family dynamics make it difficult for parties to work together constructively.
An example of a trust and executor dispute
Coles Miller has advised in cases where a grandparent passed away leaving their estate to a grandchild who was under 18. In such circumstances, it is common for the Will to provide that the inheritance is held in trust until the child reaches adulthood.
In one such case, the child’s parent was acting on their behalf and was understandably concerned because the appointed executors and trustees were not providing information about where the estate funds were being held, or how the money was being managed. Despite having a copy of the Will, there was little communication or transparency from those responsible for administering the estate leading to concerns and ultimately a dispute about whether the executors / trustees were dealing with the child’s benefit properly.
Situations like this can be distressing, particularly where a minor’s financial future is involved. Trustees and executors have clear legal responsibilities, and where those responsibilities are not being met, legal advice is essential.
Seeking advice early
If you have concerns about a Will, trust or estate administration, it is important to seek legal advice as early as possible. Early intervention can often prevent matters from escalating and help ensure that estates are administered fairly and in accordance with the law.
If you would like to speak to one of our Dorset Solicitors about a contested Will or concerns regarding an estate, we are here to help.
How Coles Miller can help
Coles Miller and its experts have extensive experience in both contentious probate and estate administration. Graham McLean, Shan Hounsell and Neil Andrews can help if you are concerned about a Will, an estate or the actions of executors or trustees.
We can assist with:
- Advising beneficiaries or parents acting on behalf of minor beneficiaries about their legal rights
- Obtaining information and accounts from executors and trustees
- Dealing with executors or trustees who are failing to carry out their duties properly
- Advising on trusts created by Wills and how they should operate
- Resolving disputes through negotiation or mediation where possible
- Representing clients in court proceedings where needed.
The importance of proper Will drafting
Many disputes can be avoided with careful and professional Will drafting. A properly prepared Will should clearly set out who is entitled to benefit, who is responsible for administering the estate, and what should happen where beneficiaries are children or vulnerable individuals.
When trusts are involved, the Will should explain how they operate, who the trustees are, and what powers and duties they have. Clear drafting and appropriate professional advice at the Will-making stage can significantly reduce the risk of confusion or dispute later on.
For expert legal advice, contact Senior Associate Graham McLean within the Disputes & Litigation Department He is based at Coles Miller’s Parkstone office.
Graham specialises in Disputes relating to wills, estates, trusts and inheritance - including will validity challenges (lack of capacity, undue influence), Inheritance Act claims; disputes between executors/trustees; constructive trust and proprietary estoppel claims
Disputes relating to Powers of Attorney arising from Health and Welfare or Property and Affairs LPAs - capacity issues, registration disputes, duties of Attorneys and Deputies, contested statutory wills; dealings with misappropriated assets and care issues
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