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How to Manage the Fallout of a Contested Will: Insights for Executors and Contesting Parties

Dealing with a contested Will can be an emotionally draining and confusing experience for everyone involved. Whether you’re an executor trying to navigate your legal responsibilities or someone left out of a Will who feels unfairly treated, the fallout from these disputes can feel overwhelming.

Family matters, especially those involving inheritance, are delicate and deeply personal. In this article, we’ll explore the key steps executors and non-beneficiaries can take when a Will is contested, offering practical advice to manage the legal process while easing family tensions.

When you know what to expect and have the right support, you can confidently approach even the most difficult situations with confidence.

Legal Grounds for Contesting a Will 

When someone contests a Will, they are essentially challenging its validity or the fairness of the provisions. In the UK, there are specific legal grounds under which a Will can be contested. It’s important to understand these grounds, whether you’re an executor dealing with a dispute or a non-beneficiary considering making a claim.

Common Legal Reasons for Contesting a Will

  • Lack of testamentary capacity: If the person who made the Will (the testator) didn’t have the mental capacity to understand the decisions they were making at the time, the Will could be challenged. This could be due to conditions like dementia or mental illness.
  • Undue influence or coercion: A Will can be contested if it’s believed that the testator was pressured or manipulated into making certain decisions. This could happen when someone close to them takes advantage of their vulnerability.
  • Fraud or forgery: If there is suspicion that the Will was forged or tampered with or that the testator was tricked into signing a document without knowing what it was, this can be grounds for contesting it.
  • Failure to follow legal formalities: Wills must be signed and witnessed according to strict legal requirements. If these formalities weren’t followed, the Will might be considered invalid.
  • Insufficient provision for dependants: Under the Inheritance (Provision for Family and Dependants) Act 1975, certain family members or dependants can challenge a Will if they believe they haven’t been left reasonable financial provision. This is particularly relevant for spouses, civil partners, and children.

Who Can Contest a Will? 

Generally, only those who have a financial interest in the estate or are close family members can contest a Will. This includes beneficiaries under the Will, people who would have inherited if the Will didn’t exist (known as “intestate heirs”), and anyone financially dependent on the deceased.

Steps Executors Should Take in a Contested Will

Steps Executors Should Take in a Contested Will

As an executor, your role in the process of managing a contested Will is crucial, but it can also be incredibly challenging. You’re tasked with administering the estate while navigating the dispute in a neutral, responsible way. Here are some important steps to take if you find yourself in this situation.

1. Stay Neutral

The executor’s duty is to act in the best interests of the estate and all beneficiaries, regardless of personal feelings. Even if you’re close to the parties involved, it’s essential to remain neutral throughout the dispute. Your responsibility is to uphold the wishes of the deceased as expressed in the Will and ensure a fair resolution of any disagreements.

2. Preserve Estate Assets

Once a Will is contested, the estate can’t be distributed until the dispute is resolved. As executor, you should make sure that all estate assets are properly preserved and protected during this time. This may involve securing property, managing financial accounts, and ensuring that any outstanding debts or liabilities are managed appropriately.

3. Seek Legal Advice

Contested Wills can be legally complex, and seeking professional advice early on is critical. A solicitor can guide you through the dispute resolution process, explain your legal duties, and help you avoid potential pitfalls. At Burt Brill & Cardens, we’re experienced in advising executors through contentious probate, ensuring that you fulfil your duties while protecting the estate.

4. Consider Mediation

Litigation isn’t always the best way to resolve a contested Will, especially when family tensions are involved. Mediation can be a more cost-effective and less confrontational approach. As executor, you can encourage all parties to consider mediation, where a neutral third party helps find a compromise without going to court.

5. Prepare for Court Proceedings

If mediation doesn’t resolve the dispute, the matter may go to court. As executor, you’ll need to provide all relevant documents, such as the Will, records of assets, and any correspondence regarding the estate. Throughout the process, you should continue to act impartially and work with your solicitor to ensure that everything is in order.

By following these steps, executors can manage the fallout of a contested Will more smoothly. It’s a challenging role, but with the right support and careful handling, you can fulfil your duties without becoming overwhelmed by the complexities of the dispute.

Related: Complicated Probate: A Guide for Executors To Help Reduce Mistakes & Mitigate Risk

Advice for Non-Beneficiaries Involved in a Will Dispute

Advice for Non-Beneficiaries Involved in a Will Dispute

If you’ve been left out of a Will or feel that the provisions made for you are unfair, the legal process of contesting a Will can seem daunting. Understanding your rights and the steps involved is key to ensuring your claim is properly heard. Here’s what you need to know if you’re considering contesting a Will in the UK.

Understand Your Rights

Even if you’re not a named beneficiary, you may still have grounds to contest a Will. For example, if you were financially dependent on the deceased or believe the Will was created under unfair circumstances, you may be able to challenge its validity or seek financial provision under the Inheritance (Provision for Family and Dependants) Act 1975.

This law allows certain individuals, such as spouses, children, and those financially supported by the deceased, to claim reasonable provision from the estate if they feel they’ve been unfairly left out. It’s crucial to speak to a solicitor to determine whether you’re eligible to make a claim.

Initiating a Claim

If you believe you have grounds to contest a Will, the first step is to seek legal advice. A solicitor will assess the merits of your case and help you file a claim. Once a claim is initiated, the court will review the evidence, such as the Will’s validity or your financial situation, and make a decision based on the facts of the case.

As a non-beneficiary, it’s important to gather any supporting documents early on, such as financial records, communications with the deceased, or medical evidence that could support your claim (e.g., showing the testator’s lack of capacity).

Time Limits for Contesting a Will

One of the most important aspects of contesting a Will is timing. In the UK, there are strict time limits for filing a claim, especially under the Inheritance (Provision for Family and Dependants) Act 1975. Typically, you have six months from the date of the grant of probate to make your claim. Missing this deadline can seriously impact your ability to contest the Will, so acting promptly is essential.

If your claim involves challenging the validity of the Will itself (e.g., due to fraud or undue influence), there’s no strict time limit, but it’s still important to act as soon as possible.

4. Practical Tips for Non-Beneficiaries

  • Gather evidence: The stronger your evidence, the more likely you are to succeed in your claim. Start collecting documents, communications, and any other proof that supports your case.
  • Be prepared for family tensions: Will disputes can cause rifts in families. It’s important to be emotionally prepared for potential conflicts and remember that your solicitor is there to guide you through the process.
  • Stay realistic: Contesting a Will is not always easy, and success is not guaranteed. Understanding the legal framework and your own circumstances will help you manage expectations.

How to Manage Family Tensions

A contested Will can quickly escalate into a source of family conflict, often adding emotional strain to an already difficult time. Disputes over inheritance can reopen old wounds, create new divisions, and sometimes cause lasting damage to relationships. While the legal process is important, managing family tensions with care is equally crucial. Here’s how to approach these situations in a way that prioritises both legal rights and personal relationships.

Keep Lines of Communication Open

When a Will is contested, family members can feel blindsided or hurt by the process. Wherever possible, keeping communication channels open can help ease misunderstandings. Try to discuss concerns and intentions openly and respectfully, allowing everyone to share their perspective. While it may not resolve the legal issues, it can reduce the emotional intensity.

As an executor or a party involved in the dispute, avoid making decisions without clear communication, as this can escalate tensions. If family members feel excluded or ignored, it often deepens the divide.

Avoid Taking Things Personally

Inheritance disputes can stir up a lot of personal emotions, but it’s important to try and separate the legal process from family relationships. Will disputes are often driven by a desire for fairness or a concern about the way the estate is being handled, rather than personal grievances.

If you find yourself in the middle of a dispute, remind yourself (and others) that the legal process is focused on resolving the estate issues, not on judging family members or their actions. This perspective can help keep discussions civil and focused.

Mediation as a Tool for Conflict Resolution

One of the most effective ways to resolve a contested Will is through mediation. Mediation involves a neutral third party helping everyone involved in the dispute to reach a compromise without the need for court intervention. It’s a less adversarial process, which can reduce tension and avoid further damaging family relationships.

Mediation offers a chance for all parties to have their say in a structured environment and can often lead to a quicker, less stressful resolution than going through the courts. At Burt Brill & Cardens, we often recommend mediation as a first step before considering litigation.

Focus on the Bigger Picture

It’s easy for inheritance disputes to get bogged down in small details or personal grievances. Try to keep the bigger picture in mind — what would the deceased have wanted, and how can the family come through this together? Keeping this perspective can help prevent minor issues from overshadowing the real concerns and can encourage a more productive, solution-oriented approach.

Seek Professional Support

Finally, seeking professional help is crucial, not only from solicitors but also from counsellors or family therapists, if needed. Emotional support can provide guidance on how to navigate the psychological and relational challenges of a contested Will. A solicitor with experience in contentious probate can help manage the legal side, ensuring that the process remains professional and fair while also helping to protect family relationships as much as possible.

At Burt Brill & Cardens, we understand that managing family tensions during a contested Will can be one of the most difficult aspects of the process. We are here to guide you through both the legal and emotional challenges, helping you find the best possible resolution with as little conflict as possible.

Related: Navigating the Pitfalls of Will Disputes: Save Yourself Time and Money

Cost Implications of Contesting a Will

Contesting a Will can be an expensive process, and it’s important to have a clear understanding of the potential costs before proceeding. Both executors and non-beneficiaries should be aware of the financial implications involved, from solicitor fees to court costs. By knowing what to expect, you can better manage the financial aspect of a Will dispute.

Legal Fees

One of the main expenses in any Will dispute is the cost of legal representation. Whether you are contesting a Will or defending it as an executor, solicitor fees can vary depending on the complexity of the case and the amount of time involved. In the UK, most solicitors Will charge by the hour, but some may offer fixed fees or conditional fee arrangements (also known as “no win, no fee”).

For executors, legal fees may be covered by the estate, but this depends on the terms of the Will and whether the executor is seen to be acting in the best interests of the estate. For those contesting the Will, it’s important to discuss funding options with your solicitor, as this can affect how the case progresses.

Court Costs

If the dispute cannot be resolved through mediation or negotiation and goes to court, the costs can escalate significantly. Court fees include not only legal representation but also administrative costs, expert witnesses, and potential barristers. These costs can run into the thousands, particularly for more complex disputes.

It’s worth noting that, in some cases, the losing party may be ordered to pay the other side’s costs. This is a key risk to consider when deciding whether to take the dispute to court. However, the court also has discretion, and in some situations, costs may be shared or covered by the estate, depending on the circumstances.

Mediation Costs

Mediation is often a more cost-effective alternative to litigation. The fees for mediation are generally lower than those for court proceedings, and because mediation tends to resolve disputes more quickly, it can save both time and money. Mediators usually charge a fixed fee, and the cost is often shared between the disputing parties.

Mediation can also help preserve more of the estate’s value by avoiding costly court battles, making it an attractive option for families seeking a quicker and less adversarial solution.

Estate Impact

For executors, it’s important to understand that the costs of a Will dispute, including solicitor fees and any court costs, can have a direct impact on the value of the estate. As legal costs accumulate, the amount available for distribution to beneficiaries may diminish, which can cause further dissatisfaction among the parties involved.

Executors are legally obligated to protect the estate’s assets, so it’s essential to seek legal advice early on to manage costs and avoid unnecessary expenses.

Who Pays?

In some cases, the costs of contesting a Will may be paid from the estate, particularly if the dispute is seen as necessary to clarify the intentions of the deceased or to address legitimate concerns about the Will’s validity. However, this is not guaranteed, and it’s important to clarify the potential cost implications with your solicitor before proceeding.

If a Will contest is unsuccessful, the person bringing the claim may be ordered to pay not only their own legal fees but also the costs incurred by the estate or the successful party. This is why it’s essential to carefully weigh the likelihood of success before embarking on a costly legal dispute.

The cost of contesting a Will can be significant, and both non-beneficiaries and executors should carefully consider the financial risks before taking legal action. Mediation offers a less expensive option and can preserve both relationships and the value of the estate, while court proceedings can lead to much higher costs. 

Related: Disputing a Will: A Legal Guide to Help You with a Difficult Process

At Burt Brill & Cardens, we can guide you through the process, helping you understand the costs involved and offering practical advice to manage these financial challenges.

If you’re dealing with the fallout of a contested Will, contact our experienced team today for a confidential consultation. Call our office on 01273 604 123 or email us at enquire@bbc-law.co.uk or make an enquiry.

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