What you need to know when probate is contested

Navigating a loved one’s loss is always difficult, but additional obstacles arise when there is an estate dispute which could lead to operational challenges, risk to business continuity and financial complications.

Contentious probate is a highly specialised area of law and whilst most prudent business owners and their families have estate planning in place to minimise disruption to the business, disputes can still arise unexpectedly which require executors, beneficiaries or other family members to obtain specialist advice.

Disputes we often see involving businesses after a person’s death include concerns about terms in wills (say if the disposal of shares is governed by the company’s articles and a gift of shares in the will cannot take effect), disagreements regarding
whether assets belonged to the deceased person or a partnership as well as the value of those assets, and disputes about sums which might be due from or to the deceased person in their role as director.

When a contentious probate dispute arises, parties often find that the administration of the estate cannot progress and this
can have a knock-on effect on the business, its employees and the wider family. Resolution of the dispute might involve court proceedings, but parties are strongly encouraged to explore alternative dispute resolution.

This means it is vital that specialist legal advice is sought at an early stage so that documents and other evidence can be safeguarded, facts can be ascertained and an appropriate strategy can be agreed for the business and the family
members affected.

For more information about Irwin Mitchell’s expertise in contentious probate visit www.irwinmitchell.com