The Pat Kenny Show How to solve a will dispute and why are they rising?
Dec 11, 2025
John Costello, a solicitor specializing in wills, probate, and family law at Noble Law Solicitors, sheds light on the complexities of probate disputes. He discusses why these disputes are on the rise, covering topics like the role of executors, the importance of mediation, and common causes of family conflicts over wills. John highlights how to effectively choose executors and the challenges beneficiaries face when executors delay actions. His insights into protecting vulnerable beneficiaries with trusts are particularly thought-provoking.
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What Probate Actually Does
- Probate gives an executor legal authority after they swear an affidavit and lodge the original will with the probate office.
- The probate office issues a one-page grant confirming the will's validity but does not investigate assets in depth.
Pick Executors Carefully
- Choose executors with care and consider an independent professional if family tensions exist.
- Use an independent executor for complicated estates to reduce conflict and perceived bias.
Probate Office Limits
- The probate office checks paperwork and testamentary capacity but does not ring banks or hunt for hidden assets.
- Executors face perjury risk if they knowingly hide assets, but routine verification is limited.