Contested Probate: Dealing With Personal Representatives
Many circumstances can lead to a Will being disputed. Beneficiaries often bring a claim against the validity of the Will or the fact that it does not contain sufficient financial provision for the deceased's dependants. The other common area of probate disputes are conflicts between beneficiaries and executors or between executors themselves. These orientate around the behavior and conduct of the executors when dealing with 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 disputes also come to the forefront where a personal representative is also a beneficiary or has some sort of 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 normally sensible in the likely event that more 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 gives the other beneficiaries ground to challenge their decisions. 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 can happen by them misleading beneficiaries 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
Bonallack & Bishop are a firm of solicitors experienced in contested probate claims (http://contestingawilluk.co.uk ). For advice about executor disputes, speak to them today. Senior Partner Tim Bishop is responsible for all major strategic decisions, seeing himself as a businessman who owns a law firm.
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