Common probate disputes and the role of an advocate in Guernsey
3 Min Read
When disputes arise during the probate process they can complicate what is already an emotionally challenging time for families and executors.
What is a probate dispute?
A probate dispute occurs when disagreements arise over the distribution or handling of a deceased person’s estate.
Often, such conflicts emerge among beneficiaries, potential heirs or even creditors, leading to legal challenges that can delay the probate process and potentially alter the intended distribution of the estate.
Common forms of probate disputes
Below we highlight some of the common legal conflicts encountered during the administration of an estate with the aim to help you identify and address potential issues before they escalate into larger problems.
Validity of the Will
Disputes over the validity of a Will can revolve around how the Will was created or the mental state of the deceased at the time of its writing.
Issues such as whether the correct formalities were observed, the deceased’s mental capacity when the Will was made, whether they were unduly influenced or if the Will’s terms were ambiguously stated are often at the forefront of these challenges.
Administration of the estate
Even when a Will’s validity is not in question, conflicts can still arise over how the estate is administered. These disputes typically involve executors who may not be administering the estate according to the deceased’s wishes or potentially mismanaging estate assets.
Claims against the estate
Occasionally, parties will assert that the deceased owed them money or they may file a claim against the estate of a deceased person if they believe that reasonable financial provision was not made for them in the estate plans. This can lead to claims against the estate.
These claims can complicate the distribution of assets to the rightful beneficiaries and need careful legal consideration.
Rectification of the Will
Sometimes a Will may fail to reflect accurately the intentions of the deceased due to errors or ambiguity in drafting or misunderstanding the deceased’s instructions. In such cases, rectification might be necessary to amend the Will in a way that aligns with what was intended.
Trust disputes
Trust disputes arise when there are issues with trusts established by the deceased. Disagreements may occur over the terms of the trust or the actions of the trustees.
How to handle probate disputes in Guernsey
Addressing probate disputes effectively requires a combination of negotiation, mediation and possibly litigation. Since these disputes can become highly complex, it’s advisable to seek professional legal guidance at the earliest opportunity.
In Guernsey, advocates can offer strategic advice and help navigate the nuances of probate law in order to resolve disputes as swiftly and efficiently as possible.
Consult a probate disputes lawyer in Guernsey
If you are involved in a probate dispute, consider consulting a legal professional to guide you through the process and help protect your interests. You can learn more about our services at Probate Disputes or, Contact Us to arrange an initial consultation.