What it’s Really Like: My First Seat in Contentious Probate

What is Contentious Probate?

Contentious probate generally involves disputes over the administration and distribution of a deceased person’s estate. Common claims arise under the Inheritance (Provision for Family and Dependants) Act 1975, which allows certain individuals to seek financial provision if they haven’t been adequately provided for. For instance, a cohabiting partner might make a claim if left out of an intestate estate.

Challenges to a will's validity often involve issues like lack of testamentary capacity (where the deceased lacked the ability to make a will), improper formalities, or undue influence (coercion to make or alter a will). Lack of capacity is a frequent basis for dispute, especially with an ageing population and conditions like dementia. If a will is invalidated, the estate is distributed according to a prior will or intestacy rules if no earlier will exists.

Day-to-Day Life as a Trainee in Contentious Probate

The work within the department is extremely varied, meaning that the tasks I complete differ from day-to-day.

Examples of work I have completed include compiling documents for disclosure, attending court, corresponding with clients, attending client meetings, conducting research on complex points of law, writing attendance notes, drafting court orders, and producing bundles of evidence.

Often the facts are not clear at the point that the client initially instructs us. This means that we must use our initiative and investigate further to build a clearer picture of the circumstances surrounding the case. For example, if testamentary capacity has been challenged, we often review the medical records of the Deceased. This can be helpful to see whether the Deceased had any conditions which may affect their capacity (for example dementia or a brain injury). It is worth noting that both of these diagnoses do not automatically result in a lack of testamentary capacity.

Whereas, if undue influence has been alleged, we often review contemporaneous text messages or emails between family members to get a better understanding of the relationships between individuals. These messages can sometimes provide a ‘golden nugget’ of evidence, either for or against our client’s case. Asset searches and Larke v Nugus requests to obtain a will file are also common practice.

Highlights and Challenges

The highlight of my seat so far was having the invaluable experience of attending the High Court in Bristol after only working within my department for 4 days to attend a judgment where we won! It was a great opportunity to witness the handing down of Judgment and the submissions to the Judge on the question of costs.

Another highlight of the last two months has been the team I work with.

In my first seat, I have experienced a steep learning curve as I have had to learn and adapt to the ‘basics’ (compliance rules, internal procedures, the computer system, etc) as well as trying to get a solid understanding of the law. Although the work can at times feel challenging, I have never felt out of my depth or unsupported; I know that there is always somebody available to answer my questions.

For those interested in applying for a training contract with Wolferstans, further details are available here Good Luck with the application process!