Classify a probate dispute before acting: caveats, will validity, Inheritance Act claims, estate accounts, executor removal, ADR, deadlines and costs risks.
This guide is part of ProbateHelp's Will Disputes guide cluster. Estimated reading time: 16 min.
No. A dispute may concern the will's validity, reasonable financial provision, ownership or promises, executor conduct, accounts, debts, asset values or distribution. Different claims use different law, procedure and deadlines.
A caveat stops a grant being issued for an initial six months while a relevant pre-grant dispute is addressed. It is not a way to reverse an existing grant, obtain estate accounts or pressure an executor to pay a beneficiary.
Section 4 of the Inheritance (Provision for Family and Dependants) Act 1975 normally requires the application within six months from when representation is first taken out. The court can permit a late claim, but permission is not automatic.
No. The six-month section 4 period concerns financial provision claims, not every challenge to a will's validity. Validity claims do not have one simple universal deadline, but delay, distribution, evidence loss, acquiescence and other defences can seriously affect the case.
The CPR now allows courts to order or encourage ADR, and the parties' efforts to resolve the dispute can affect costs. Mediation does not guarantee settlement and urgent protective action may still be necessary.
No. Ordinary costs principles and case-specific probate rules apply. A personal representative's estate indemnity covers costs properly incurred, not unreasonable litigation or a personal fight. Other parties can face adverse costs orders.