Understanding Probate Law and Disputes

You may have heard stories of relatives or friends staking claim to an inheritance that was not allocated to them in the will. Siblings disagreeing on who gets the house, current and ex spouses each trying to get what they think is fair.

Unfortunately, this kind of thing happens all the time, and it tears families apart.

A probate lawyer is a lawyer who makes sure a deceased person’s assets are distributed fairly according to the law. When someone passes away, their estate has https://randletaylor.com.au/probate-lawyers-adelaide/ to go through a legal process called probate – this ensures that assets are distributed according to their will.

The person appointed in the will (or by the court) to manage the distribution of assets is called the executor. However, as you can imagine, there can be disagreements about the way assets are handled.
Let’s take a closer look at probate law and the different kinds of disputes that arise.

How probate works

If there is a valid will, the executor applies for a grant of probate. This document gives them the authority to distribute assets according to what the will says.

But what if there is no will?

If there’s no will, a family member or other eligible person must apply for something called letters of administration. This lets them act as the estate’s administrator (just like an executor). They will then be responsible for distributing the assets according to intestacy laws.

Intestacy laws are the legal rules determining how a deceased person’s estate is distributed when there isn’t a valid will.

The executor (or appointed person) is responsible for:

Identifying assets
Paying debts
Distributing the estate (according to the will or intestacy laws)

Common probate disputes

As you can imagine, probate disputes often arise, causing legal battles, financial strain and headaches for everyone involved.

Below are some of the most common issues that arise during probate.

Will contests

As the name suggests, a will contest is when someone challenges the validity of a will. Common grounds for contesting a will include:

Lack of testamentary capacity – This questions whether the person who died was of sound mind when making the will. If they had dementia or another cognitive disease, a court may deem the will invalid.
Undue influence or coercion – If someone manipulated, pressured or threatened the deceased into making or changing their will, it could be invalid.
Forgery/fraud – If a will was forged, it is not legally binding.
Failure to meet legal requirements – A will must comply with state laws, such as being properly signed and witnessed. If it is not, it may be challenged.

Executor disputes

The executor of an estate holds a lot of responsibility, and conflicts can arise over their actions or inaction, including:

Allegations of misconduct or mismanagement – If an executor is misusing estate funds (ie, stealing) or failing to act in the beneficiaries’ best interests, they may be stripped of their role by the court.
Delays in distributing the estate – If executors take an unreasonable amount of time to deal with the assets, beneficiaries can take legal action.

Family provision claims

In some places, certain people can challenge a will if they believe they were unfairly left out. These claims can be made by:

Spouses or domestic partners
Children (including stepchildren and adopted children)
Dependents who relied on the deceased for financial support

Depending on the circumstances, a court may change the way an estate is distributed to make it more fair.

Disputes over asset distribution

Even when a will is valid, you can also see conflicts over how it divides up assets, including:

Unclear or conflicting provisions in the will – If a will isn’t clearly worded, this can cause disputes among beneficiaries.
Challenges regarding jointly owned assets and superannuation – Assets like joint bank accounts, real estate and superannuation funds aren’t always counted as part of an estate, and may pass directly to a co-owner. People can disagree over who is entitled to these assets.

Intestacy issues

When a person dies without a valid will (intestate), laws determine who inherits the estate. This can lead to disputes when:

Family members disagree on who should be the estate administrator.
Distant relatives or multiple parties make competing claims.
There are complex family dynamics, such as blended families or estranged relatives.

Because intestacy is quite black and white, it does not consider personal relationships or intentions. Disputes are common, making it essential to seek legal guidance.

Famous probate disputes

Here are a couple of famous probate disputes

The Howland Will Forgery Trial (1868)

Henrietta ‘Hetty’ Howland Robinson contested the validity of her grandaunt Sylvia Ann Howland’s will, producing an earlier will that left the entire estate to her.

The case is notable for the forensic use of mathematics by Benjamin Peirce, who demonstrated that the signatures were identical, suggesting forgery.

The Swynfen Will Case (1856–1864)

This English legal case arose over the will of Samuel Swynfen, leading to disputes between his widowed daughter-in-law, Patience Swynfen, and his nephew, Frederick Hay Swynfen. The case raised important questions about ethics in the legal profession, particularly concerning contingency fee agreements and allegations of champerty and maintenance.

The Roupell Case (1862)

William Roupell, the illegitimate son of Richard Palmer Roupell, forged legal documents to obtain his father’s property. After his father’s death, William continued his fraudulent activities, leading to legal disputes and his eventual conviction for forgery.

The case attracted significant public interest due to the extent of the fraud and the involvement of high-profile legal figures.

Probate disputes can add stress to an already challenging time. If you’re facing a probate issue, seeking legal advice early can help prevent costly delays and unnecessary stress.

Three key takeaways

Probate law is a legal process that distributes a deceased person’s assets according to their will.
If there is no will, a family member or eligible person must apply for letters of administration to act as the estate’s administrator.
Common probate disputes include will contests, executor disputes, family provision claims, asset distribution disputes and intestacy issues.

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