Contentious probate and trust disputes: the different types of claim

Specialist help with will, estate and trust disputes

Fifty Six Law has a dedicated specialist team for contentious probate and contentious trust disputes. These disputes can concern a will's validity, inheritance provision, an executor's conduct, a trust or ownership of property.

The type of claim matters. Different rules govern who can bring it, what must be proved, the remedy and the time available.

We first establish what has happened, what outcome you seek and whether the firm can advise you. This includes checking conflicts of interest. A firm acting for several executors cannot assume it can also represent one against another.

Challenging whether a will is valid

A will challenge can involve:

• Testamentary capacity: whether the person had the mental capacity required to make that will.
• Knowledge and approval: whether they understood and approved its contents.
• Undue influence: whether coercion overbore their free wishes.
• Fraud or forgery, including a disputed signature.
• Due execution: whether the legal signing and witnessing requirements were met.

Section 9 of the Wills Act 1837 sets out the usual formal requirements. Medical evidence, earlier wills and the will drafter's records can be important, depending on the concern.

An unequal or unexpected gift does not, on its own, prove that a will is invalid.

Inheritance Act claims for financial provision

The Inheritance (Provision for Family and Dependants) Act 1975 allows specified applicants to seek reasonable financial provision from an estate. It applies where the person died domiciled in England and Wales.

Eligibility, the applicable standard of provision and the court's assessment depend on the applicant's relationship and circumstances. Being disappointed by an inheritance is not enough.

This claim can concern a valid will or an intestacy. It is different from challenging the will's validity.

Executor misconduct and administration disputes

Concerns can include unexplained delays, failure to account, unauthorised payments, misuse of estate assets or a conflict affecting the administration.

Section 25 of the Administration of Estates Act 1925 sets out duties of personal representatives. These include collecting the estate and administering it according to law.

The right remedy depends on the problem. It may involve information, accounts, recovery of assets, directions or an application to replace a personal representative.

Section 50 of the Administration of Justice Act 1985 provides a court route for substitution or removal.

Misconduct should not be assumed from delay alone. The evidence and effect on the administration need examining.

Contentious trust disputes and TOLATA claims

Trust disputes can concern beneficial interests, distributions, trustees' decisions, accounts, conflicts or breaches of trust. The trust document and the trustees' duties are central to assessing the position.

Some land disputes involve the Trusts of Land and Appointment of Trustees Act 1996, usually called TOLATA. Section 14 allows qualifying applicants to seek orders about trustees' functions or the nature and extent of interests.

An application may concern ownership shares or sale of property. TOLATA is not the route for every trust dispute. Section 14 does not itself permit removal or appointment of trustees.

Proprietary estoppel: promises about property

Someone may have been assured they would receive an interest in property and relied on that assurance to their detriment. This can raise proprietary estoppel.

The assurance, reliance, detriment and whether it would be unconscionable to depart from the assurance need careful assessment. A promise alone is not enough.

In Guest v Guest, 2022 UKSC 27, the Supreme Court considered the remedy for such a claim. The appropriate remedy is not automatically the whole promised inheritance.

Mutual wills and mirror wills

Mirror wills usually contain matching arrangements. Mutual wills involve a binding agreement concerning how property will pass.

Matching wording, or making wills together, does not alone establish a mutual wills agreement. The agreement and supporting evidence need examining.

A later will may be valid while the earlier mutual wills agreement still gives rise to an enforceable obligation. These are distinct questions.

The Court of Appeal's decision in Walters v Olins discusses the agreement and trust arising in a mutual wills case.

Interpreting or correcting a will

Sometimes the dispute concerns what the wording means, rather than whether the will is valid. That can require construction, meaning the court's interpretation of the document.

Rectification is a separate remedy. Section 20 of the Administration of Justice Act 1982 addresses certain failures caused by clerical error or misunderstanding the person's instructions.

It is not a general power to rewrite a will because the result seems unfair.

What happens when you raise a concern?

Tell us your relationship to the estate or trust, the concern, relevant dates and what you want to achieve. Start with a brief summary and the names of the people involved so the firm can check for conflicts. We will explain which documents to send once that check is complete.

Fifty Six Law offers a free initial consultation and agrees any further terms separately. Any specialist work needs an agreed scope and fee before it begins. It is separate from the routine estate administration quote.

A review may identify a practical resolution, negotiation, mediation or a need for court proceedings. We explain the options and costs appropriate to the case.

Different claims have different deadlines. Do not assume one time limit applies to all claims, or that discussing a concern stops time running.

Ask GetWill about your concern about a will, trust or estate dispute. Your message will go to the legal team.

If your estate workspace has a Concerns or disagreements section, you can also use it to request a free consultation. Check who has access before recording information in a shared estate.