What Is Contentious Probate?
Contentious probate refers to any legal dispute arising after someone’s death about either the validity of a will, the distribution of an estate, or the conduct of an executor. These cases may involve concerns about capacity, undue influence, improper signing, or disagreements between family members.
Where issues arise, people often seek advice on how to contest a will or understand whether they have legitimate grounds for contesting a will.
Who Can Contest a Will?
Will disputes have become more prolific in recent years, partly due to the increase in complex family arrangements and the increase in property values.
There are two main ways a person may be able to contest a will:
- A validity challenge, where concerns arise about how the will was made
- A financial provision claims under the Inheritance (Provision for Family and Dependants) Act 1975, where the will is valid but does not provide reasonable support.
Individuals who commonly bring a will dispute include:
- Spouses or civil partners
- Former spouses or civil partners
- Children and stepchildren
- Financial dependants of the deceased
- Individuals who believe the will is invalid
- Beneficiaries affected by executor misconduct
If you are unsure whether you fall within an eligible category, our solicitors can explain how to contest a will and assess whether your circumstances meet the legal thresholds.
The Core Grounds for Challenge
There are several recognised grounds for contesting a will, and a claim typically falls within one or more of the following categories. Our team will assess the strength of your position and help determine the most suitable route forward.
Lack of Testamentary Capacity
A will may be invalid if the person who made it lacked the required mental capacity. This is one of the most common grounds for contesting a will, especially where concerns arise about dementia, cognitive decline, or inconsistent decision-making.
Undue Influence
A will can be challenged if someone was pressured, manipulated, or coerced into making or changing it. These cases often arise during family conflict and form a major part of many will dispute matters.
Claims Under the Inheritance (Provision for Family & Dependants) Act 1975
Even where a will is valid, individuals may still be able to bring a claim if they have not received a reasonable financial provision. These cases fall under the 1975 Act and often arise when dependents or close family members seek advice on how to contest a will or whether they have the right to contest a will.
Improper Execution or Formalities
A will may be invalid if it was not signed, witnessed or drafted correctly. Mistakes during execution or a lack of understanding by the testator can form strong grounds for contesting a will.
Executor Misconduct and Removal
Executors have a legal duty to administer the estate properly. If they fail to act, act unfairly, or cause loss to the estate, beneficiaries may bring a will dispute or apply for their removal. These situations often form part of wider advice around contesting a will.
If a validity challenge succeeds, either the deceased’s previous will takes effect, or if no earlier will exists, the estate is dealt with under Intestacy rules.
The Contentious Probate Process
When you are considering contesting a will, understanding the process can help you make informed decisions. Although every case is different, most will dispute matters follow a similar pathway:
Initial legal assessment
We discuss your situation, review available documents, and advise on the strength of your position and the relevant grounds for contesting a will.
Gathering of evidence
This may include medical records, witness statements, solicitor notes, financial information, or evidence relating to executor conduct.
Pre-action correspondence
Letters are exchanged setting out each party’s position. Early settlement often happens at this stage of the process.
Negotiation or mediation
Most parties who contest a will resolve their case without court proceedings. Banner Jones has extensive mediation experience to help negotiate matters without proceeding to full court proceedings.
Court proceedings (if required)
If settlement is not possible, the claim may be heard by the court. Our team represents clients in complex cases, including High Court disputes.
Success Stories
Undue influence by sibling
We represented a client in relation to a dispute concerning the validity of his mother’s Will, in circumstances which suggested that the mother’s last Will had been made under duress and undue influence exerted by our client’s sibling. In this case it was essential to consider the circumstances of the creation of the Will, including the drafting solicitor’s contemporaneous notes, against the background of family relationships in order to establish the necessary grounds of challenge. We were successful in establishing undue influence at trial.
Defending a challenge to a Will
We acted on behalf of a client in defending a challenge to his long-term partners’ last Will, in circumstances where the partner’s son alleged the Will had been made in circumstances where his mother lacked capacity and had been subject to undue influence. We were successful in bringing this matter to an early conclusion by way of mediation.
Challenging a forged Will
We represented a client in relation to a challenge to the validity of his mother’s last Will, in circumstances where all evidence pointed to the fact that the Will was a forgery and could not have been created on the date in question. Establishing these facts required us to compile a detailed and through investigation of factual evidence, to substantiate our client’s claim.
Removing a caveat
We assisted a client in removing a caveat entered by a discontented sibling and successfully defended allegations of lack of capacity and undue influence, in circumstances where we were able to show that there was insufficient evidence that the testator lacked the necessary testamentary capacity or that any undue influence was exerted.
A Will with a drafting error
We acted for executors in relation to a claim for construction of the terms of a Will, in circumstances in which the drafting solicitors had made a drafting error, which resulted in uncertainty as to the correct interpretation of the Will. We were successful in resolving this matter and securing payment of the Executors costs by the negligent solicitors.
Dispute concerning a late mother’s interest in a partnership
We represented Executors in relation to a dispute concerning their late mother’s interest in a partnership. We were successful in negotiating payment to the estate in respect of the Deceased’s share in the partnership, by the business partner.
Why choose Banner Jones Solicitors?
Choosing the right legal team is crucial when you are contesting a will.
Why clients choose Banner Jones Solicitors:
- Specialist expertise in will dispute litigation, including High Court matters
- Clear explanations of the grounds for contesting a will and your realistic prospects
- Practical guidance on how to contest a will from start to finish
- Strong negotiation and mediation skills, helping minimise conflict and costs
- Transparent pricing, including fixed-fee initial consultations
Our experienced team ensures your case is handled sensitively and efficiently, with support tailored to your circumstances.
Is it possible to challenge a Will?
Yes. There are a number of circumstances in which it is possible to challenge the validity of a Will. These include a lack of capacity or knowledge or approval of the testator, undue influence or fraud. Should you have any concerns regarding the validity of a Will, you should obtain legal advice from an experienced will dispute solicitor as a matter of urgency.
What if I have been left out of a Will or am unhappy with the amount that has been left to me?
Under the Inheritance (Provision for Family & Dependants) Act 1975, certain individuals can pursue a claim if they can demonstrate that the financial provision made for them is inadequate. Many clients approach us for advice on how to contest a will under this legislation.
What is a Caveat and how does it work?
A caveat is a legal document issued by the Probate Registry that prevents a grant of probate being issued. The caveat will remain in place for a period of 6 months (unless voluntarily removed by the person entering it or by an order of the Court. A caveat can be renewed after 6 months. Caveats should not be obtained lightly or without justifiable reason as the Court can impose financial sanctions where it considers that a caveat has been improperly obtained. It is therefore advisable to obtain specialist legal advice before seeking to lodge a caveat.
What options are available where an Executor/Administrator is not carrying out their role properly?
There are several possible outcomes such as the Executor/Administrator agreeing to stand down or be replaced, the Executor/Administrator undertaking to carry out their function going forward and even the removal or replacement of the Executor/Administrator. No two situations are the same and therefore consideration must always be given to the most favourable outcome given the specific facts of the matter.
Would I have to attend a court hearing if I pursue a claim?
Not necessarily. Our objective in any Will dispute is to seek to a successful resolution as quickly and cost-effectively as possible. This can include seeking to negotiate informally, attending a mediation and other methods of alternative dispute resolution. The vast majority of disputes do not reach a final court hearing.