7 common disputes in contentious probate

Claims for Inheritance Promises

Disputes concerning inheritance promises often arise when family members or friends believe they were promised a share of an estate during the testator’s lifetime. These claims can be challenging to assess due to the lack of formal documentation and the potential for differing recollections regarding conversations or intentions. Contestants may argue that the promises made influenced their decisions, such as financial support or care provided to the testator, creating an expectation of inheritance.

In such cases, the claimant usually relies on evidence to substantiate their assertions. This could include witness statements, communications, or other forms of proof that highlight the alleged promise. Courts may consider various factors, such as the testator’s intentions and any actions taken by the claimant in reliance on that promise. The outcome of these disputes significantly depends on the clarity and credibility of the evidence presented, which can add layers of complexity to already contentious probate scenarios.

Understanding Proprietary Estoppel

Proprietary estoppel arises when an individual is led to believe that they will acquire an interest in a property based on the actions or assurances of the property owner. This legal doctrine serves to prevent the property owner from going back on their promise, especially in cases where the individual has relied on that assurance to their detriment. Often, beneficiaries who have made significant sacrifices or investments in relation to the property may invoke this claim, seeking to establish their entitlement despite the absence of formal documentation or a will that explicitly grants them such rights.

The concept plays a crucial role in disputes related to inheritance when verbal promises or informal agreements are called into question. It underscores the importance of recognising non-financial contributions and emotional investments that affect familial relationships. Courts will assess the circumstances surrounding the representations made by the property owner and the extent to which the claimant relied on those representations when making decisions that would lead to a perceived understanding of ownership or entitlement. Each case can differ significantly based on its unique facts, highlighting the complex nature of proprietary estoppel within contentious probate matters.

Witness Disputes

The validity of a will often hinges on the testimony of witnesses during probate proceedings. Disputes may arise when witnesses disagree on key aspects of the will's execution. This can include claims regarding the testator's mental capacity or the circumstances under which the will was signed. In many cases, witnesses may have differing recollections of events, leading to conflicts that complicate the probate process.

Proprietary estoppel is a legal principle that can allow a person to claim an interest in property based on their reliance on a promise or assurance made by the deceased, which led them to act to their detriment.

Why are witness disputes significant in contentious probate cases?