When does a non-contentious matter become contentious?

In the first 9 months of 2023, more than double the number of inheritance disputes were brought before the High Court than in the first 9 months of 2016. The Financial Times have recently reported that a boom in asset prices and the increased prevalence of dementia have contributed to a surge in the number of inheritance disputes headings to Court in England and Wales.

But how and when does a non-contentious matter become contentious and what challenges could be made by Claimants?

Learning Objectives:

• The difference between non-contentious and contentious private client matters
• When does a non-contentious instruction veer into the realm of contentious private client?
• The range of common claims brought:
• Challenges to the validity of wills
• Claims for financial provision (Inheritance Act disputes)
• Proprietary Estoppel
• Mutual will disputes
• Professional Negligence claims against private client practitioners dealing with non-contentious matters