What Is Contentious Probate?

What is contentious probate?

Contentious probate refers to disputes that arise during the administration of an estate after someone has died. These disputes can include challenges to the validity of a will but, in this context, focus on how the estate is being managed.

Common examples include disagreements between beneficiaries, concerns about executor behaviour, and disputes over estate accounts or delays.

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Who can be involved in a contentious probate dispute?

Disputes may involve:

We understand that cost is an important consideration in any dispute. We provide clear, transparent advice on costs at the outset and throughout your case.

Depending on the nature of the dispute, funding options may include:

executors or administrators
beneficiaries
trustees
creditors of the estate

How are contentious probate claims resolved?

Many disputes are resolved through negotiation or mediation. Where this is not possible, court proceedings may be required to enforce duties, obtain information, or remove an executor.

Early advice often prevents disputes escalating.

How do I remove or replace an executor?

An executor may be removed or replaced where they are failing to carry out their duties properly or where their continued involvement is causing harm to the estate.

Grounds for removing an executor

The court may remove an executor where there is:

serious delay in administering the estate
failure to provide accounts or information
misuse or misappropriation of estate funds
conflict of interest
breakdown of trust between executors or beneficiaries

How do I apply to remove an executor?

Applications are usually made to the High Court or Probate Registry. The court’s focus is on the welfare of the estate, not punishment of the executor.

What can I do about executor misconduct?

Executor misconduct occurs where an executor fails to carry out their duties properly, acts dishonestly, or causes loss to the estate.

Examples of executor misconduct

Examples include:

failing to collect or safeguard assets
refusing to communicate with beneficiaries
unreasonable delays
paying themselves excessive fees
using estate assets for personal benefit

What remedies are available?

Depending on the circumstances, remedies may include:

compelling the executor to provide accounts

recovering misappropriated funds
removing and replacing the executor
personal liability for losses caused

Executor misconduct and removal

Executors are under a legal duty to administer an estate properly. Where they fail to do so, the court has wide powers to intervene to protect the estate and beneficiaries.

Legal duties of executors

Executors must:

act honestly and in good faith
avoid conflicts of interest
keep proper estate accounts
distribute the estate without unreasonable delay
comply with court orders

When will the court remove an executor?

The court’s primary concern is the proper administration of the estate. Removal may be ordered where the executor’s conduct jeopardises this, even if there is no dishonesty.

Personal liability of executors

Executors may be personally liable where their actions cause loss to the estate. This can include liability to repay funds, pay interest, or contribute to legal costs.

What evidence is needed?

Evidence may include:

estate accounts

bank statements
correspondence
witness statements
expert accounting evidence

How Hugh James can help

We advise executors and beneficiaries on managing contentious probate disputes, protecting estates and resolving conflicts efficiently.

Roman Kubiak is described by a client as “tremendously capable, he knows what he is doing. He’s a national figure.” Another source adds: “Roman is exceptionally knowledgeable, he is very pragmatic and very solution-oriented.”

Chambers & Partners

A natural and dynamic leader’, the ‘very impressive’ Roman Kubiak heads the firm’s Private Wealth Disputes team and is noted for his ‘deep knowledge of estates and trusts law’.

The Legal 500

Key contact

Roman Kubiak TEP

Partner

Roman Kubiak is a Partner and Head of the market leading Private Wealth Disputes team. He advises across the whole spectrum of private wealth disputes, with a particular focus on high value, complex and cross-border disputes including: trust disputes, breach of trust claims and applications to remove trustees; will disputes, particularly those with an international element; claims under the Inheritance (Provision for Family and Dependants) Act 1975; and claims for equitable relief under proprietary estoppel, constructive trusts and resulting trusts.