Probate disputes are on the rise because families are increasingly dealing with more complex estates, higher property values and disagreements that often only come to light after someone has died.
Craig Ridge, Head of Contentious Probate at law firm Higgs LLP, advises that regional differentiators can add to the complexity of any dispute: “If you are disputing a will, an executor’s decision or the way an estate is being handled can quickly turn into a drawn-out and expensive legal problem, at a time when families are already dealing with grief and uncertainty.”
“The regional impact we’re seeing is significant. In traditionally higher-value areas such as London and the South East, even a suitably modest estate in those regions can involve substantial amounts of money or assets which is where disputes can arise and which are very costly to litigate.
By comparison, across the Midlands and the North West for example, whilst there are high value estates which give rise to similar disputes, many families are facing no less emotional tensions but with the focus being on trying to preserve assets that are needed to support future generations – that could be property, land or even businesses if there are owner managers involved.
It may be that they need to cover debt (often including inheritance tax due) or settle any inheritance expectations, which adds another layer or complexity and emotion!”
Craig Ridge
Head of Contentious Probate, Higgs LLP
Craig added, “It’s clear to see also that in more rural areas across Central England for example, that disputes are more common over land ownership, farm or agricultural businesses or family homes that form the main part of a larger estate. These disputes can be much more difficult to resolve due to the expectations of those involved, particularly if good legal advice has not been sought previously.”
Speaking about how a probate dispute can infect the situation rapidly if not dealt with quickly, Craig explained, “the key message here is that disputes can be preventable – if you feel something isn’t right in a probate discussion the best way forward is to seek professional legal advice. If a dispute happens, it’s always easier to resolve or manage fairly if it’s addressed as early as possible in the process before tensions are frayed. If the worst happens and the dispute is left to escalate without proper legal guidance, the options for agreement for families start to narrow and the costs of the dispute can rise considerably, adding another obstacle to resolution.”
If you have concerns about the wording of a Will, the behaviour of an executor, inaction, or whether an estate is being dealt with properly, the best step is to seek advice straight away rather than waiting for the situation to worsen.
If something doesn’t feel right, don’t assume it will resolve itself. Early intervention can protect your position and help your family to find a way forward before a disagreement becomes a full-scale costly, probate dispute.
