A ‘Contentious Probate’ refers to a legal dispute that arises in relation to the administration of a deceased person’s estate. The term “contentious” means that there is a conflict or disagreement among the parties involved, typically concerning the validity of a will or how the estate should be distributed.

Probate is the legal process where a person’s will is validated by a court, and their estate (assets, liabilities, and property) is distributed according to their wishes. However, when disputes arise over the will, it can lead to contentious probate proceedings.

1. Will Disputes:

• Validity of the Will: If a person believes the will is not valid (e.g., they argue the testator was not of sound mind, the will was not signed correctly, or it was forged), they may challenge the will.
• Undue Influence: Allegations that the testator was coerced or manipulated into making the will in a certain way can lead to a dispute.
• Lack of Proper Formalities: If the will was not properly witnessed or executed according to legal requirements, it may be contested.

2. Claims Against the Estate:

• Inheritance Rights: Family members or dependents, such as spouses or children, may feel they are entitled to a larger share of the estate than what the will provides, especially if they believe the will does not meet their statutory entitlement under Irish law (such as under the Succession Act 1965).
• Claims for Provision: In some cases, a person who was financially dependent on the deceased but was left out of the will might make a claim for provision from the estate.

3. Ambiguities in the Will:

• If a will contains unclear or contradictory provisions, beneficiaries or relatives may disagree on the interpretation of the deceased’s intentions, leading to a dispute.

4. Executor Disputes:

• Disagreements may arise between the appointed executor and the beneficiaries or other potential heirs about how the estate should be managed, how assets should be valued, or the pace of administering the estate.

When a contentious probate arises, the dispute typically goes to the Irish High Court or a lower court, depending on the complexity of the case. The court will examine the evidence, including the will, and make a determination on how the estate should be handled. Resolving contentious probate matters can be time-consuming and expensive.

In Ireland, the Succession Act 1965 governs many aspects of inheritance and probate law, including the rights of spouses and children who may challenge the distribution of the estate.

Making a valid will is essential in avoiding contentious probate issues because it ensures that your estate is distributed according to your wishes, and minimizes potential disputes among family members or other interested parties. Here’s how having a properly executed will can prevent contentious probate:

1. Clarity of Intentions

• A valid will clearly expresses your wishes for how you want your estate to be distributed. This reduces the likelihood of disagreements about your intentions, as beneficiaries and family members will have a clear document outlining your desires.
• Prevents ambiguity: If your will is clearly worded and comprehensive, there’s less room for interpretation, reducing confusion and the chance of family members disputing the will.

2. Ensures Legal Formalities Are Met

• A properly executed will complies with the legal requirements set out in Irish law, which include the will being in writing, signed by the testator (you), and witnessed by two independent people who are not beneficiaries of the will. This helps to avoid challenges based on improper execution or invalid signatures.
• If these requirements are not followed, the will can be contested on the grounds that it doesn’t meet the necessary legal standards.

3. Prevents Claims of Undue Influence

• A valid will should be made without undue influence from others (such as family members or friends). If your will is properly executed and made when you’re of sound mind, it makes it harder for others to claim that you were coerced into making decisions that you didn’t truly intend.
• Testamentary capacity: A valid will shows that you had the necessary mental capacity to make decisions regarding your estate, reducing the possibility of a challenge based on mental impairment or diminished capacity at the time of making the will.

4. Reduces Disputes Over Family Inheritance Rights

• By creating a will, you can specifically state how your estate should be divided, including any provisions for children, spouses, or other dependents. This can help avoid disputes over who should inherit what, as it will be clearly documented.
• In Ireland, the Succession Act 1965 provides that spouses and children (under certain conditions) are entitled to a share of the estate, even if the will doesn’t include them. A valid will can address these provisions directly, reducing the risk of challenges based on statutory entitlement.

5. Helps to Avoid Claims for Provision

• A valid will ensures that if someone has a claim on your estate (for example, a dependent who might have been left out of the will), the provisions you’ve made are clearly outlined. If someone is left out of the will, they may challenge it in court, but having a valid will in place can show your intention and prevent unnecessary claims.
• You can provide for those who may have been financially dependent on you, preventing the potential for claims against your estate for unfair distribution.

6. Appointing the Right Executor

• A valid will allows you to appoint a trusted executor to manage your estate. This person will be responsible for ensuring your wishes are carried out. Appointing a reliable and capable executor helps to prevent disputes between family members or others interested in your estate.
• If the executor is not clearly identified or if multiple people claim the right to serve as executor, it can lead to disputes over who should handle the estate.

7. Minimizes Delays in Estate Administration

• A valid will streamlines the probate process by providing a clear framework for distributing the estate. This reduces the potential for delays, which can sometimes lead to frustration, conflicts, and contentious probate actions. The faster the process, the less chance there is for disputes to arise.

Sir William Blackstone (Legal Scholar)

“The power of disposing of one’s property by will is a legal privilege, but it is also one that can be contested.”