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Family, fortune, fallout: The case for succession planning

By Kelsey Jones

Published In: Contentious Probate

Succession is a gripping watch because it shows what happens when succession planning is left vague or avoided altogether. The boardroom falls silent, loyalties fracture, and chaos begins. Unlike television, though, real families don’t get a second season to fix probate mistakes. When wills are unclear or absent, disputes erupt, estates stall, and grief turns into litigation

What Happens in Succession

The show begins with a patriarch whose health is failing but who refuses to commit to a clear plan for the future. His family are left guessing who will take control, and the absence of certainty fuels mistrust, rivalry, and paralysis. Decisions are delayed, alliances shift, and the empire teeters. It’s entertaining on screen, but in probate, the same lack of clarity can freeze assets, drain resources, and fracture families.

How It Happens in Real Life Probate

In contentious probate, the drama unfolds in courtrooms rather than boardrooms. To challenge a will there are legal grounds you must show. These include:

  • Lack of testamentary capacity
    The person making the will was not of sound mind or did not have sufficient mental capacity to understand the nature and effect of what they were signing.
  • Undue influence or coercion
    Someone applied undue influence or pressure, meaning the will was not made of the deceased’s own free will.
  • Lack of valid execution
    The will wasn’t properly signed by the person making it and witnessed by at least two witnesses in line with the Wills Act 1837.
  • Fraud or forgery
    The will or the deceased’s signature was falsified, or the will writer was misled about the deceased’s wishes.
  • Lack of knowledge and approval
    The deceased lacked understanding of what the will said or didn’t approve the content - for example, because they were illiterate and could not read the document.

If the challenge succeeds, the estate may fall back on intestacy rules, or a previously written will, which rarely reflect the deceased’s true intentions.

Even when a will exists, certain disappointed family members may bring claims under the Inheritance (Provision for Family and Dependants) Act 1975. Spouses, children, dependants or cohabitants argue that they were left without a financial provision or that the financial provision left to them is not enough. These claims can reshape the distribution of the estate entirely.

Executors, too, can become the focus of disputes. If beneficiaries believe an executor is mismanaging funds or acting with bias, they may apply to court for removal. This delays administration and often increases costs, sometimes leading to professional executors being appointed instead.

Property disputes add another layer of complexity. A family member may occupy estate property without agreement, sparking claims for possession or arguments over constructive trusts. In farming families or businesses, proprietary estoppel claims are common, where someone argues they were promised inheritance and relied on that promise to their detriment. Courts may enforce such promises or award compensation, reshaping the estate’s outcome.

Consequences of Failing to Plan

What happens when succession is left to chance? Assets are frozen for months or even years while disputes are resolved. Legal fees mount, consuming a significant portion of the estate. Families fracture under the strain, with relationships irreparably damaged. And because court proceedings are public, private disputes spill into the open, adding reputational harm to financial loss.

Conclusion

Succession entertains with its boardroom battles and family feuds, but it also offers a warning. Power without planning breeds chaos. In probate , the lesson is clear: succession planning is not optional. A properly drafted will or trust, clear executor appointments, and provision for dependants ensure estates are managed with dignity rather than drama. Families deserve clarity, not conflict, because unlike Succession , there’s no script to rewrite the ending.

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5 years’ experience working in the legal profession focusing on complex litigation and dealing with vulnerable clients.

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