Your Contested Probate: What To Do If There Are Executor Disputes

Frequent probate disputes arise out of the validity of a Will and whether or not the deceased has provided financially for their dependants. These are highly contentious areas and involve quite a complex area of the law. The other main area of probate dispute is over executor conduct and claims of improper behavior when dealing with the estate.

The reason why contested probate claims arise over the conduct of executors is because they are supposed to be impartial bodies dealing with the deceased's estate in a professional manner in line with what is provided within the Will. Sometimes they may either take advantage of this role or behaved in an unacceptable way, which then leads beneficiaries to challenge the decisions that they have made.

A good example of this, is where the Personal Representative (a generic term for administrators or executors of an estate) have behaved in a way which does not lend itself to the favour of the beneficiaries or for the benefit of the estate as a whole. These disputes also come to the forefront where a personal representative is also a beneficiary or has some sort of interest in the estate i.e. they could be involved in the deceased person's business, like being a shareholder. Claims are then made against the personal representatives by the beneficiaries, whom will try to get that PR removed and replaced by another person. This is usually a good idea as it is likely that future disputes will arise.

Disputes sometimes arise when the personal representatives are friends or relatives of those entitled to inheritance and that this relationship may have effected how they have dealt with the estate. This provides those entitled to an inheritance grounds to challenge a decision. You will however need sufficient evidence to support a claim of this sort. The court will only rule in favour of a contested probate claim if they believe there has been adequate evidence put before them.

If a personal representative acts in a dishonest or unreasonable manner, this can involve stopping you making the inheritance claim that you are entitled to. This can happen by them misleading beneficiaries as to what is contained in the Will. However when dealing with executor disputes the beneficiaries will have to cooperate in order to ensure that the contents of the estate are distributed in the most efficient way possible.


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Bonallack & Bishop are solicitors who specialise in contested probate claims. For expert legal advice on executor disputes, contact them today. Senior Partner Tim Bishop is responsible for all major strategic decisions at the firm, which he has grown by 1000% in 13 years. Tim sees himself as a businessman who owns a law firm.