Contested Probate: Dealing With Personal Representatives
There are several reasons that can lead to a Will being contested, however the most common are the Will is invalid or that the deceased did not allow for proper financial care of their dependants. Another side of probate dispute is trustee and executor disputes, these happen when the beneficiaries feel that there has been improper conduct by one or more of the executors of 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 frequent example of this is where the Personal Representatives (i.e. the executors or administrators of the estate) have conducted themseleves improperly or made decisions which are not to the benefit of the estate. These cases commonly arise where the personal representative is also in line to receive some inheritance or they have some type of vested interest in the estate i.e. they could be involved in the deceased person's business, like being a shareholder. A case is then brought by the beneficiaries against the personal representatives in order to stop any improper conduct. 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 need to collate together evidence to support this action. 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 improperly or negligently then it could hinder you receiving your inheritance. This also takes the form of them providing the beneficiaries with false information 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.
About the Author:
If you're considering a contested probate claim, then it's essential that you pick solicitors with expertise, so contact Bonallack and Bishop, specialists in contested probate cases, particularly executor disputes. Tim Bishop is senior partner at the firm.