Considering challenging a will? What you need to know about contentious probate

When someone dies, their belongings, such as their home, their savings, investments and personal effects, becomes known as their ‘estate’. Through a legal process, called probate, this estate is distributed in accordance with the deceased’s wishes where a will has been left. If a will has not been left, the estate is distributed in a way defined by law, known as intestacy.

What is a beneficiary?

In terms of wills, a beneficiary is someone named within a will who will benefit should the person making the will dies.

Within a will multiple people can be named as beneficiaries, and assets can be distributed however the person making the will wants.

In cases where a will has not been left, things become a little more complicated. With the deceased person’s wishes undocumented, the estate is distributed in a way defined by law. This is known as intestacy and the rules of who can, and who cannot, inherit are quite clear and include married or civil partners and close relatives, but only in certain circumstances.

For more advice on intestacy and who can inherit, call 0330 123 1229.

Your rights as a beneficiary

As a beneficiary, whether named in the will or through the rules of intestacy, you have basic rights which should be met. This includes the right to see the estate account. The estate account is held by the executor, (the person responsible for administering the estate), and will show the deceased’s assets and any liabilities at the time of their death.

If, for whatever reason, a request to see the estate account is refused or ignored, a beneficiary can seek the court’s involvement. In such instances seeking appropriate legal advice is recommended.

In all cases, beneficiaries, and those who