The Silver Brief

Disputes over a loved one’s estate can be both emotionally draining and legally complex. At a time when families are grieving, disagreements about a Will, inheritance, or estate administration can quickly escalate into serious conflict.

This guide explains contentious probate in clear, practical terms. Whether you are trying to understand your rights, explore whether a claim may exist, or simply learn how these disputes arise, I have provided a comprehensive overview of the law in England and Wales.

What is contentious probate?

Contentious probate refers to legal disputes concerning a deceased person’s estate. These disagreements can arise before or after a grant of probate has been issued and often involve beneficiaries, executors, family members, or dependants.

Common types of contentious probate disputes include:

• Challenges to the validity of a Will
• Claims for reasonable financial provision
• Disputes involving executors or administrators
• Allegations of undue influence, fraud, or forgery
• Disputes between beneficiaries
• Concerns about estate or trust administration

No two disputes are identical, and the outcome will depend on evidence, legal principles, and the specific relationships involved.

Contesting a Will: How to challenge a Will

One of the most common probate disputes is challenging whether a Will is legally valid.

A Will may be contested if it does not reflect the true intentions of the person who made it. Under English law, a Will must meet strict requirements to be valid.

Grounds for contesting a Will

A Will may be challenged if:

• The person lacked testamentary capacity (mental capacity)
• The Will was not properly executed under the Wills Act 1837
• There is evidence of fraud or forgery
• The deceased was subject to undue influence or coercion
• The deceased did not understand or approve the contents

If a Will is declared invalid, the estate may pass under:

• A previous valid Will, or
• The rules of intestacy if no valid Will exists

See my guide: Writing a valid will in England and Wales

Because these cases often rely on medical evidence and witness testimony, they can be complex and fact-sensitive.

Inheritance Act claims

Not all disputes focus on whether a Will is valid. In many cases, the issue is whether the Will (or intestacy rules) makes reasonable financial provision.

Under the Inheritance (Provision for Family and Dependants) Act 1975, certain individuals can bring a claim against an estate.

Who can bring a claim?

Eligible claimants include:

• Spouses or civil partners
• Former spouses who have not remarried
• Children
• Individuals treated as a child of the family
• Financial dependants

What is “reasonable financial provision”?

This depends on the claimant’s circumstances. For example:

• A spouse may be entitled to what is reasonable in all circumstances
• Other applicants are usually limited to maintenance-based provision

Claims must usually be issued within six months of the grant of probate, making early action crucial.

Executor disputes and estate administration claims

Executors (or administrators) are responsible for:

• Collecting assets
• Paying debts and taxes
• Distributing the estate

While most act appropriately, disputes can arise.

Common executor disputes

• Delays in administration
• Lack of communication or transparency
• Premature or improper distributions
• Conflicts of interest
• Mismanagement of funds

In serious cases, the court may:

• Order the executor to provide accounts
• Remove and replace the executor

For more information, see my guide: Executor duties and removing an executor

How contentious probate disputes are resolved

Court proceedings are not always necessary. In fact, most disputes settle before trial.

In addition, the court expects the parties to have at least considered alternative forms of dispute resolution before resorting to court. If a party refuses, they may be penalised in legal costs when the matter goes to court.

Alternative dispute resolution (ADR)

Common methods include:

• Negotiation between solicitors
• Mediation
• Settlement meetings

ADR is usually:

• Faster
• Less expensive
• Less emotionally damaging

Court proceedings

If settlement is not possible, claims may proceed in:

• The High Court
• The County Court

Litigation can be lengthy and costly, so it is typically considered a last resort.

Feelings often run high in inheritance disputes, particularly among close family members and loved ones. While this is entirely understandable, it is important to proceed with care and avoid pursuing litigation purely on what may ultimately be a point of principle, rather than a practical or financial necessity.

How long do you have to contest a Will?

Time limits depend on the type of claim:

• Inheritance Act claims: usually 6 months from the grant of probate
• Rectification claims: generally similar timeframe
• Validity challenges: no strict statutory limit, but delay weakens cases

Once an estate is distributed, recovery of assets becomes more difficult. Acting promptly is critical.

Why instruct a contentious probate solicitor?

Even straightforward disputes can involve complex legal and evidential issues. A specialist solicitor can help you:

• Understand whether a claim is viable
• Evaluate strengths and risks
• Navigate procedural requirements
• Protect estate assets

Early advice is particularly important to preserve evidence and prevent irreversible distributions.

FAQs about contentious probate

Who pays legal costs in a contentious probate claim?

Generally, the losing party may be ordered to pay costs, but courts have discretion depending on the circumstances.

See my guide to: Costs in contentious probate claims

This guide is based on general principles of English and Welsh law, is intended for informational purposes only, and does not constitute legal advice or establish a professional relationship.

About the author, Clare Lowes