Case Study: Resolving Probate Disputes- Removing Caveats and Negotiating Estate Settlements Without Court Action

A residuary beneficiary sought our assistance following a dispute concerning the administration of a family estate and the lodging of a permanent probate caveat, which prevented the grant of probate from being issued.

The matter involved allegations surrounding the validity of the Will, disputes over personal possessions of sentimental value, and wider family tensions concerning the estate administration. The dispute had reached a stage where there was a real risk of contested probate proceedings, significant delay, and escalating legal costs.

Our team worked proactively with the parties to negotiate a pragmatic resolution without the need for formal court litigation. We advised on:

• settlement strategy and risk;

• the withdrawal of a permanent caveat by consent;

• the preparation of a Settlement Agreement;

• the drafting of a Deed of Variation to implement the agreed redistribution of the estate; and

• the protection of the executor and beneficiaries through full and final settlement terms.

As part of the resolution, the parties reached agreement regarding both a financial settlement and the transfer of certain sentimental personal possessions. We also coordinated the formal removal of the caveat to allow the estate administration to proceed.

The matter concluded successfully without the need for contentious probate proceedings, enabling the estate to move forward while minimising further emotional and financial strain on the family.

How Forbes Solicitors Can Help

Our specialist Contentious Probate team advises clients on a wide range of inheritance disputes, including claims under the Inheritance Act 1975, adult child claims, and cases involving disabled dependants or vulnerable beneficiaries.

If you believe you have been unfairly excluded from a Will, we can help you assess your options and the strength of any potential claim. For more information or to arrange a consultation call 0800 689 3607 to speak with a member of our team.