Contentious probate refers to legal disputes that arise after someone has died, usually involving disagreements over the validity of a Will, the distribution of an estate, or the conduct of executors or administrators.

Challenges are typically brought by people who were financially dependent on the deceased, close family members, or those who believe they were unfairly excluded. In some cases, people named in a previous Will may also have grounds to bring a claim.

A Will can be contested if there are concerns about the deceased’s mental capacity, undue influence, fraud or forgery, or if the Will was not properly executed under legal formalities. A claim may also be brought under the Inheritance Act 1975.

Most claims must be made within six months from the date of the Grant of Representation. Some types of claims may not have a strict time limit, but early advice is essential.

Our experienced probate dispute team offers clear, compassionate advice to help you understand your options. We aim to resolve matters efficiently and cost-effectively, whether you’re contesting a Will, defending a claim, or experiencing difficulty with executors or beneficiaries.

Not necessarily. Many contentious probate matters are resolved through negotiation or mediation, avoiding the need for a full court hearing. However, if an agreement cannot be reached, the matter may proceed to litigation.

The Inheritance Act 1975 allows certain people, including spouses, children, and financial dependants, to claim for reasonable financial provision from an estate if they believe the Will or intestacy rules do not make adequate provision for them.

Yes. If executors are not acting in the best interests of the estate or are causing unnecessary delays or conflicts, an application can be made to the court for them to be removed and replaced.