Recent reports have confirmed that Liam Payne, the late One Direction singer, died without leaving a Will, despite having an estate estimated to be worth over £28 million, reduced to just over £24 million when debts and expenses were deducted. Under the laws of intestacy, the estate, which is now in the hands of his former partner and lawyer, will likely pass entirely to his young son.
While there has been no indication of any legal disputes so far, the absence of a Will raises important questions about what can happen when someone dies intestate (without a Will). Cases like these often lead to confusion, delays, or even lengthy family disputes, particularly if expectations around inheritance aren’t clearly documented in a professionally drafted Will. In the case of Liam’s estate, the lack of a Will means that friends and extended family, including his girlfriend at the time, are not legally entitled to inherit.
Regardless of the size of your estate, news items like these are a timely reminder of why having a valid, professionally drafted Will is vital, as without one, there is an increased risk of contentious probate claims.
What is Contentious Probate?
Contentious probate refers to any dispute concerning a person’s estate after they pass away. It can be concerning any aspect of the estate or Will but is most commonly:
- A dispute over the contents of a Will or when there is no Will.
- Concern regarding mismanagement of the estate.
- A fraud accusation.
- A concern raised by those who expected to inherit but did not.
Estates can be very complicated, particularly when there are multiple properties, trusts or extensive finances. However, smaller estates can also face disputes if there is no Will or if the Will is unclear, poorly written, or drafted without appropriate legal guidance.
Why are Contentious Probate Claims on the Rise?
Will disputes – or contentious probate claims – have been on the rise for some time, and not having a Will is one of the leading causes of these types of claims. However, there are a few other key reasons. Other factors contributing to the rising trend in Will disputes include:
- Changing family dynamics – including changes in family structures and blended families or second marriages.
- Impact of an ageing population – matters including mental capacity challenges as conditions like dementia increase are likely to be a leading factor in disputes over will validity. The number of cases involving undue influence, fraud, or coercion are also increasing.
- Greater awareness of litigation – there is a greater awareness regarding estate claims spurred by media stories and the accessibility of legal information online.
Read our previous article for further information: Another Rise in Will Dispute Claims.
What are the Time Limits for Contesting a Will?
Depending on the nature of the dispute, there may be a timeframe that must be considered. Most commonly, a claim should be started within six months of the grant of probate. If the first six months have passed and you wish to make a claim, you will likely have to apply to the court for permission.
However, in cases where you wish to contest a Will’s validity, there is no time limit.
The Importance of a Specialist Contentious Probate Solicitor
Dealing with any form of legal dispute can be overwhelming, and when it involves a loved one estate, it can be especially stressful and emotionally draining. Additionally, the legal process of challenging a Will or Probate or facing an Inheritance Act Claim can be highly complex.
In these situations, it is essential to seek early advice from a probate solicitor with specialist knowledge of probate laws and expertise in handling probate disputes and litigation. If you believe there is a valid reason to dispute how an estate has been distributed or managed, challenge the contents of a Will, or defend a claim against an estate, our team can help you.
Our experienced Wills and Probate team can ensure that every detail is covered, advising you if there is a legitimate cause for a Will to be disputed and that your legal rights are fully respected.
Meet our Team – Specialist Wills and Contentious Probate Solicitors Kingston
Our specialist Wills and Probate team are experienced in helping clients make or defend a dispute against a will or estate administration.
Sally-Ann Joseph is an Associate Member of the Society of Trust & Estate Practitioners, and the firm is regulated by the professional governing body, the Solicitors Regulation Authority, so you can be confident that the advice you receive will be tailored to your specific requirements.
Read our recent related articles for further information:
- What Is a Larke vs Nugus Request – And Why Are They Important in Will Disputes?
- How Writing a Will Can Help Avoid Costly Family Disputes Over Inheritance
- Another Rise in Will Dispute Claims
- Increase in dementia diagnosis highlights the importance of Lasting Powers of Attorney
- Navigating Trust Disputes: Most Frequently Asked Questions
- Research Warns of Inheritance Risks in Blended Families
Other Sources:
Get in touch with our Contentious Probate Team
Please contact our team below to discuss your needs, and we will provide you with further and specific advice tailored to your circumstances.
This blog post is not intended to be taken as advice or acted upon. If you are seeking legal advice, please contact our team of solicitors.
