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.
Mr & Mrs B, SheffieldWills writing
Jenna was fantastic, I will definitley recommend to family and friends. I will not hesitate to use your services again.
Mr & Mrs S, ChesterfieldWe wish to thank Banner Jones for incredible assistance in guiding us and explaining the process of our Wills and LPA'S.
Mrs F, Old WhittingtonI am a 93 year old lady, and I was treated as if I was family. Caring and helpful in explaining everything to my dull brain. Thank you.
Mr G, ChesterfieldFrom the minute you walk into reception you are put at ease, and this continues right through the chain. Would recommend them any time.
Mrs S, ChesterfieldI can’t thank Banner Jones enough for the kindness and patience, and would highly recommend this firm.
Mrs H, AshgateWill Writing
Excellent company. Highly satisfied.
Mrs L, New TuptonProbate Administration
Exceptional service; professional but friendly. Felt at ease and relaxed when given explanation of the matter being dealt with at a very sad time.
Mr & Mrs G, Old TuptonWe had Wills drawn by a different solicitor’s firm who left us confused and anxious. By contrast, the solicitor was patient, helpful, clear and gave us good advice. Thank you for an excellent service. We recommend Banner Jones highly for Will writing.
Mr & Mrs H, HaslandWill Writing
Excellent customer service. Prompt and efficient. I found Jenna to be kind and considerate during our meetings.
Mrs T, Sutton In AshfieldThe young lady was so friendly and helpful, and made me feel comfortable – which is a rare thing these days
Mrs R, New WhittingtonWill Writing
Very helpful and pleasant. She was very professional, and answered all my queries. I would have no hesitation for asking for her assistance if ever I need a solicitor in the future.
Mrs S, NewboldBeing left on my own to make another Will was hard for me, but it was made easier by the staff of Banner Jones. It was dealt with quickly, sympathetically and was able to help Ashgate Hospice.
Mr & Mrs M, DronfieldVery helpful and friendly. Everything was explained in a way that made it easier to understand.
Mr & Mrs M, ChesterfieldClear, precise, friendly information on the issues we had. Will use Banner Jones for any future legal advice and issues.
Mr & Mrs H, MansfieldWill Writing
Very happy with services offered by professional people.
Mrs P, BolsoverWriting a WIll
I would give you 10/10. Very good.
Mr S, Forest TownThank you for helping me prepare my Will. I thought it may be a daunting experience, but I was given great advice by Becky. I think it is also a fantastic idea to donate to the John Eastwood Hospice.
Mr & Mrs J, GlapwellWriting a Will
Everything was dealt with efficiently.
Mrs R, MansfieldThank you for dealing with everything in a professional, pleasant and friendly manner.
Mr & Mrs L, GrindlefordVery friendly experience with clear and uncomplicated explanations, giving us confidence in the professional service.
Mrs C, ShiregreenWill Writing
A very friendly and helpful service from start to finish.
Ms R, BolsoverStaff who have helped me at Banner Jones have been professional, courteous, prompt and kind. Special thanks for advice and updates (about safeguarding ideas too), and for my Will.
Mr L, ChesterfieldI found Natalie very courteous, and she has a lovely disposition. She’s very easy to talk to.
Mrs C, ChesterfieldThe service I received couldn't have been better!
Mr & Mrs J, BarlowYour sensitivity on your home visit to deal with Mum’s Will was absolutely brilliant.
Mrs C, BolsoverExcellent service – friendly staff explained everything to me in ways that I could understand.
Mr S, Brimington CommonMy Will was drawn up speedily and expressed my wishes precisely. Miss Fowlston was pleasant, helpful and produced exactly what I wished for.
Mrs B, MortonAll my requests were dealt with efficiently and with respect for my situation, after my recent loss.
Mr & Mrs H, BrockwellOur experience with Banner Jones was friendly and efficient.
Mrs W, ShuttlewoodPut everything in black and white and Banner Jones “Will” see you right.
Mrs T, TuxfordA very prompt and helpful group of lawyers. First class service.
Mr & Mrs S, CrookesEverything in plain English.
Mr C, MansfieldVery prompt & efficient service provided, meeting a tight schedule.
Mr M, ChesterfieldThe service I got was excellent. Staff were really helpful. The solicitor that dealt with my case was really helpful and I thank her. I would recommend this firm to anyone.
Mr W, ChesterfieldKatie was the advisor who dealt with me. I found her to be friendly and very helpful. She explained anything to me that I didn’t understand.
Mrs B, ShirlandExcellent, professional and supportive communication throughout. Thank you very much, Kat.
Chris Breeze Managing Director – DCJ Group Insurance, ChesterfieldMy family, and our business, always use Banner Jones Solicitors for a range of legal services. From wills and property purchases to more complex commercial legal matters, I would not hesitate in recommending Chris Sellars and the team at Banner Jones Solicitors.
Throughout my dealings, Chris has shown fantastic communication skills, judgement, perseverance and research knowledge and I cannot praise him and Banner Jones enough.
Mrs H, MansfieldYour service was very satisfactory and pleasant.
Mrs T, MansfieldThe staff were kind and helpful
Mr & Mrs S, ChesterfieldBanner Jones provided a friendly welcoming professional environment when we visited their offices and the advice and service was first class. We would certainly use Banner Jones for the other services as well and will recommend the company to family and friends.
Mrs W, MansfieldVery efficient, friendly and professional. We would definitely recommend to friends and family. They made the whole experience problem free.
Mr & Mrs S, BridlingtonWe’re really grateful for the work you did for us. 10 out of 10!
Mr C, DronfieldVery easy to make appointments, very personal service from all people at Banner Jones, my solicitor was very friendly and put me at ease. If I needed a solicitor again, Banner Jones would be the first on my list.
Miss H, NottinghamshireBrilliant service, kept well informed all the way through the process. Would definitely recommend.
Mr & Mrs D, MansfieldCannot fault the service, efficient, prompt and cautious. Matters explained very well and clearly. Pleasantly surprised.
Mr W, NottinghamshireService provided was excellent. All the staff were very helpful, considerate and professional. I would highly recommend to friends and family.
Mr T, ChesterfieldBanner Jonesprovided me with a very professional and friendly service in difficult, personal circumstances and I cannot reccomend them enough. 10/10.
Mr Mrs C, DronfieldExcellent, efficient service, Katie was very pleasant and polite. We were made to feel at ease.
Mrs M, MansfieldNatalie was very professional and friendly. Good listener, very caring. Thank you Natalie.
Mr P, DerbyshireAll my dealings have been with Sarah who has always been professional, knowledgeable and extremely helpful. I would recommend Banner Jones.
Mrs M, MansfieldExcellent, professional service.
Mrs F, ChesterfieldVery good and friendly reception staff; excellent professioanl service; good comunication and timely attention to my work undertaken.
Mrs K, SheffieldOutstanding service. So very helpful, knowledgeable and easy to understand. A pleasant member of your team!
Ms E, ChesterfieldWe recieved a promt, helpful and most efficient service. I wouldn't hesitate to ever use Banner Jones Solicitors again.
Amy was excellent - Thank you so much for all your advice.
Ms CarpenterI would just like to pass on my comments with regards to the first class service we received with the estate of my dear late mother.
We have been dealing with Banner Jones and I would like to say they have been excellent throughout. We have found them to be extremely efficient, helpful, understanding and friendly at this difficult time.
Also very accommodating with appointments as I work full time.
I would also comment she was very patient in dealing with my elderly father who struggles with severe hearing difficulty.
I have no hesitation in using your services again, we will shortly be making appointments to update the will for my father and in due course I will also be updating my own will with Banner Jones as all of our family affairs are with your company.
I will have no hesitation in recommending Banner Jones Solicitors to others, once again, thank you to you all.
Mrs W, ChesterfieldBanner Jones & Kat Wheeldon's help has got me through this last year. Their help and kindness was without doubt invaluable.
Mrs R, ChesterfieldKathryn Wheeldon has provided me with an excellent service and I would recommend her to all of my friends and family.
Mrs B, NottinghamExcellent service! Becasue of illnesses, my new will from start to signing took half a day!
Mr B & Mrs M, ChesterfieldExcellent service! Thank you for all fo your help and making everything stress free for me. Will definitley recomment you.
Mr & Mrs LExcellent Service from Banner Jones. Thank you.
Mrs B, ChesterfieldVery helpful and understanding. Thank you.
Mrs A, ChesterfieldVery happy with all aspects of my treatment at Banner Jones. Thank you very much Katie.
Mr & Mrs B, ChesterfieldExcellent. Katie was very pleasant and helpful.
Mrs K, ChesterfieldVery thorough, professional and friendly service, thank you.
Mr & Mrs J, MansfieldFriendly, and vey helpfull staff.
Mrs P, ChesterfieldExcellent, friendly service, my Will was updated very quickly for me, which I really appreciate.
Mr & Mrs F, ChesterfieldNatalie at Banner Jones helped us update our Wills. She was very thorough whilst being sensitive to our situation She made it an easy, simple process. We recieved our Wills quickly and completed the matter within 3 weeks!
Mr & Mrs C, ChesterfieldExcellent service from start to finish! Prompt, trustworthy, reliable and extremely helpful. Highly recommended!
Many thanks to Katie Woodward for her wonderful assistance.
Mrs B, ChesterfieldVery pleased with the service recieved. Natalie was a very pleasant and efficient person to deal with. I wouldn't hesitate to recommend your services. Thank you.
Mr & Mrs P, MansfieldExtremely satisfied with the service provided by Katie (and Ellie) in a very professional, friendly manner. The making of the Wills was handled sensitively, thank you.
Mr M & Dr R, SheffieldExcellent service, all matters were dealt with in a very professional way.
Mr & Mrs DiproseWe used Kat Wheeldon at Banner Jones for our Wills and Powers of Attorney. We always had a friendly but professional service. Details were explained clearly so that we understood exactly what was involved and required. Fees weere explained straight away. We shall return to Banner Jones for any further legal work.
Mr & Mrs C, ChesterfieldFirst class service. many thanks for your help from start to finish.
Ms A, ChesterfieldI have recieved help and advice from Katie Woodward, she is kind, considerate and professional. I would be pleased to recommend her to friends, family and colleagues. Many thanks.
Miss W, MansfieldI have been with this solicitors since the 60's and I have always been happy with this company. I was very happy with seeing Amy about my Will, she was very helpful.
Mr P, ChesterfieldBanner Jones staff have always been professional and kind throughout my dealings with them. They have been very considerate towards my elderly Uncle, and met his needs - Whether his physical or mental impairments - Making adjustments to their practice with no hesitation at all.
Ms L, ChesterfieldBoth Natalie and Stacey were very friendly and I had a professional service for both my house purchase and Will. The staff were very nice to talk to and helped me with every step if I was unsure what to do. Will highly recommend to friends and family.
Mr & Mrs B, MansfieldOutstanding service from start to finish.
Mrs B, MansfieldThank you so much for your excellent service in helping me making a Will.
Mr & Mrs W, DronfieldWe were very happy with the service provided.
Mrs W, ChesterfieldThank you all for your kindness and support in a very sad time in my life, you have helped so much.
Mr T & Mr DOn behalf of Darren and myself I would like to thank you both for all your help and assistance in this matter.
Excellent and efficient throughout and handled with a professional and sensitive approach.
Mrs L, DronfieldI would like to thank you for the friendly, and efficient way you have dealt with me. Thank you.
Mr & Mrs TAll staff we came into contact with were very professional. A quick and efficient service.
Mr & Mrs B, DerbyshireThank you for last weeks meeting which we both found very informative, friendly and helpful. You were able to reassure us and put our minds at rest about the number of issues. Thank you once again.
Mr & Mrs W, NottinghamshireEverything involved was dealt with in an exceptionally professional manner. Amy was a very friendly person to deal with, very knowledgable and also very sympathetic and sensitive to our needs. We could not have been better served!
Mr & Mrs W, MansfieldBecause we are in our 90's and only essentially amending our Wills, Amy was very patient and extremely sensitive to our situation. She explained the issues involved in a manner whcih was very easy to understand. She gave us a great deal on confidence and we were extremely happy with the outcome.
Mr M, ChesterfieldAll staff (off all levels) were very friendly & helpful. Tea/ coffees were made available at the outset and not as an afterthought. I can see no reason at all to not use Banner Jones again for any other aspects of my affairs! Thank you!
Mrs P, DronfieldA pleasing seamless experience. Very helpful and knowledgable staff. Thank you.
Mrs F, MansfieldA straight forward & useful service.
Mrs A, MansfieldAlways found very good service. I would highly recommend.
Mr B & Mrs S, MansfieldVery friendly and plenty of time and patience to explain every detail.
Mrs F, SheffieldBanner Jones are excellent. I would definitely recommend to anyone.
Mr & Mrs R, MansfieldVery pleased with the whole process. Amy was very helpful and understanding.
Mrs L, MansfieldAmy was very kind and helpful. Always polite and goes the extra mile to source help.
Mr & Mrs W, DerbyshireThank you Anna and Natalie - This was a great experience as you made everything go so smoothly. We very much appreciate you working within our tight timeframe.
Mr & Mrs B, ChesterfieldI found the whole service extremely friendly and professional.
Mrs G, ChesterfieldI do not see a need for any improvement at Banner Jones. You were very helpful, efficient, and very approachable.
Mrs W, Matlock5 stars across the board!
Advised me about my Will. The lady was very knowledgeable, clear, friendly and punctual.