Problem probate: dealing with difficulties and disputes over the deceased’s affairs

Dealing with a loved one's affairs after they die can be difficult. Probate is the legal and financial process of dealing with the property, money and possessions of a person who has died. With the right processes in place in advance, it should be relatively straightforward. Without them, it can mean heartache, delay and unnecessary cost.

1. Inheritance Tax

Inheritance Tax applies when an estate exceeds the available allowances, with tax at 40% on the value above them. Many people fail to plan for this while alive, leaving a bill that can run well into six figures and, in some cases, force the sale of the family home. Even after a death there can be options: we have helped a family reduce an IHT bill by £140,000 through a Deed of Variation, which allows a Will to be varied within two years of death with the beneficiaries' agreement. (We do not give regulated tax advice: our role is designing the legal structures with the tax consequences in mind.)

2. Delays

Delays are common: a contested Will, lost assets, a family member refusing to honour the Will, or nobody being able to locate the original Will itself. As an independent, impartial party we work with everyone involved to find the best way forward.

3. Contested Wills

Contested Wills are increasing, and disputes can run for years while the assets sit untouchable. A properly drafted Will protects against this - including recording the reasoning where someone is deliberately left out, so it cannot be painted as an oversight.

4. Finding the assets

Families too often have to search a house for paperwork in the hope of finding everything. Government figures suggest the value of unclaimed estates runs into the billions. This is why every Kinherit plan includes a secure record of assets through Kinvault, our sister company, so nothing is lost simply because nobody knew it existed.

5. The handover

Executors are responsible for the estate and for obtaining a Grant of Probate before distributing it. Disputes often arise when beneficiaries believe executors are failing in their duty. Our handover service speaks with your appointed executors while you are alive, so they understand the role before they ever have to perform it. Prevention beats cure.

Key takeaways

• IHT can sometimes be reduced even after death, via a Deed of Variation (though it is significantly more time-consuming, stressful and costly than sorting it during your lifetime)
• Most probate problems trace back to planning gaps, not probate itself
• A recorded asset register and a briefed executor prevent the most common failures

If you are dealing with a difficult estate, or want to make sure your own never becomes one, book a complimentary consultation.