What is contentious probate?
“Contentious probate” or “contested probate” refers to disputes relating estates left by people who have died.
Disputes commonly concern disagreements about the validity or interpretation of a Will or how an estate should be administered or how the assets of a deceased should be distributed. Some of the most common disputes arise where:
- Someone expects to inherit under a Will but does not;
- There are questions as to the validity of a Will due to poor drafting, lack of capacity, duress or coercion;
- There has been maladministration in the handling of an estate.
Disputes may also arise from disagreements about the true value of an asset, from complex family relationships and an increasing reliance on the use of DIY Wills.
The case studies below are real life examples of probate cases which illustrate the importance of making a legally valid Will, and how things can go wrong when the expectations of beneficiaries collide with reality.
Rea v Rea
A case which shows how probate disputes can be very complicated to navigate, outrageously expensive and fuelled by family drama which interferes with rational judgment.
Anna Rea died leaving four children – one daughter and three sons. She made a Will in 1986 leaving her estate to her four children in equal shares. However, in 2015 this was changed to give her property to her daughter absolutely with the residue split equally between the four of the children. This sparked the beginning of a long and acrimonious dispute which lasted for eight years. The brothers alleged that their mother lacked capacity to make the second Will, and that she had been coerced by her daughter into changing the original Will. Ultimately their challenge failed with the Court finding that the daughter did not exercise undue influence over the mother to change the Will.
When the dust settled the parties had fought out the dispute over four separate Court hearings and significantly diminished the value of the estate in the process.
George Michael
This case, which was brought under the Inheritance (Provisions for Family and Dependents) Act 1975 (“the 1975 Act”) involved the estate of the late pop star George Michael after neither of his former partners were provided for under his Will.
George Michael made a Will but left nothing to either of his former partners - Kenny Goss and Fadi Fawaz. Goss alleged that he had been financially supported by the deceased up until his death and claimed that he was entitled under the 1975 Act to bring a claim for a reasonable financial provision from the estate.
The 1975 Act permits anyone who was a spouse, child or dependent of the deceased to bring a claim where a reasonable financial provision has not been provided through the Will or intestacy rules (if the deceased died without a Will). Despite not being in a relationship with George Michael for seven years prior to his death, Goss succeeded in his claim, being financially dependent on the deceased, ultimately reaching a confidential settlement with the executors of the estate. By contrast, the claim brought by Fadi Fawaz, who lived in one of George Michael’s homes at the time of his death, received nothing as the court upheld the terms of George Michael’s Will . This demonstrates the complexity and vicissitudes of claims under the 1975 Act.
Malcolm Chenery
This case involved the use of a DIY Will and a failure to seek professional advice.
Malcolm Chenery died in 2021 and left his entire estate to charity. Rather unusually the Will was written and executed on two separate pieces of cardboard – the first taken from a box of fish fingers, the second from a box of mince pies. Although, the terms of the Will were not contested by the deceased’s family members, the Probate Registry had doubts as to its validity (regarding it as ‘fishy’) before ultimately declaring it to be valid and bringing Christmas cheer to the charity beneficiary.
The moral of the story in Chenery is that if you want to ensure that your Will is valid and compliant with the Wills Act 1837, instruct a solicitor to draft it.
How we can help
Make a Will. Otherwise, the intestacy rules will apply which may not produce the outcome you expect or wish for. Get your Will professionally drafted. This will help to avoid disputes and challenges. Take time to explain your situation and preferences. The solicitor drafting the Will can then understand the dynamics of any relationships and any interests that other parties might have in the estate.
Taking such steps should ensure your estate is dealt with quickly and efficiently and in accordance with your wishes.
If you would like to discuss the preparation of a Will, please contact one of our Wills, Tax and Estate Administration experts who will be happy to assist.
Alternatively, if you require legal advice regarding a dispute relating to a Will or an estate, please contact one of our dispute resolution experts who will be happy to assist.
