Contentious Probate

Contentious Probate
Contentious Probate
Full Overview Of Contentious Probate

Contentious probate refers to disputes arising during the administration of a deceased person’s estate. These disputes can involve the will’s validity, the interpretation of its terms, or disagreements among beneficiaries and executors.

At DLS Solicitors, we understand that contentious probate can be emotionally taxing and legally complex. This comprehensive overview aims to provide a clear understanding of the nature, legal framework, common issues, and practical steps involved in contentious probate, helping individuals navigate these challenging situations with confidence and clarity.

What is Contentious Probate?

Contentious probate encompasses a wide range of disputes that can arise during the administration of an estate. These disputes typically involve:

Legal Framework

The legal framework governing contentious probate in the UK is primarily derived from the Wills Act 1837, the Administration of Estates Act 1925, and the Inheritance (Provision for Family and Dependants) Act 1975. These statutes outline the rules for creating valid wills, administering estates, and providing for family members and dependents.

Wills Act 1837

The Wills Act of 1837 sets out the requirements for a valid will. To be legally binding, a will must be:

  • In writing
  • Signed by the testator (the person making the will) or by someone else in their presence and at their direction
  • Witnessed by at least two individuals who are present at the same time and who sign the will in the presence of the testator

Administration of Estates Act 1925

This act governs the administration of estates, outlining the duties and powers of personal representatives (executors or administrators) in managing and distributing the deceased’s assets.

Inheritance (Provision for Family and Dependants) Act 1975

The Inheritance Act 1975 allows certain individuals to apply for reasonable financial provision from the estate if they believe the will or intestacy laws have not provided adequately for them. Eligible applicants include spouses, former spouses, cohabitees, children, and other dependents.

Common Issues in Contentious Probate

Challenging the Validity of a Will

Challenges to the validity of a will are a common source of contentious probate disputes. These challenges can be based on several grounds:

Lack of Testamentary Capacity

To create a valid will, the testator must have testamentary capacity, meaning they understand the nature and effect of the will, the extent of their property, and the claims of those who might expect to benefit. If the testator lacked this capacity when making the will, it can be challenged.

Undue Influence

A will can be contested if it is believed that the testator was coerced or unduly influenced by another person into making or altering their will. Proving undue influence requires evidence that the testator was subjected to pressure that overpowered their free will.

Improper Execution

A will must comply with the formal requirements set out in the Wills Act 1837. If the will was not properly signed or witnessed, it can be declared invalid.

Fraud or Forgery

If there is evidence that the will was forged or that the testator was deceived into signing it, the will can be contested on the grounds of fraud.

Disputes Among Beneficiaries

Beneficiaries may disagree over the interpretation of the will’s terms, the valuation of assets, or the distribution of the estate. Common disputes include:

Ambiguities in the Will

Ambiguous language or unclear instructions in the will can lead to disputes over the testator’s intentions. Courts may need to interpret the will to resolve these ambiguities.

Claims Against the Estate

Beneficiaries may bring claims against the estate if they believe they have not received their fair share or if they have valid debts owed by the deceased. These claims can complicate the administration process and lead to legal challenges.

Executor Disputes

Executors have a fiduciary duty to administer the estate in accordance with the will and the law. Disputes can arise if beneficiaries believe the executor has breached this duty, such as by:

  • Mismanaging estate assets
  • Failing to distribute assets in a timely manner
  • Acting in their own interest rather than the interest of the estate
  • Failing to keep beneficiaries informed

Intestacy Disputes

When a person dies without a valid will, their estate is distributed according to the rules of intestacy. These rules may not align with the deceased’s wishes, leading to disputes among potential beneficiaries, particularly in complex family situations.

Practical Steps in Contentious Probate

Initial Assessment

The first step in addressing contentious probate is to conduct an initial assessment of the situation. This involves:

  • Reviewing the will and any codicils (amendments to the will)
  • Gathering relevant documents, such as medical records, correspondence, and financial statements
  • Identifying potential grounds for dispute and the parties involved
  • Consulting with legal professionals to understand the merits of the case and possible outcomes

Mediation and Alternative Dispute Resolution

Mediation and alternative dispute resolution (ADR) are encouraged in contentious probate cases to avoid the time, expense, and emotional strain of court proceedings. Mediation involves a neutral third party who facilitates discussions between the parties to reach a mutually acceptable agreement.

Legal Proceedings

If mediation fails or is not suitable, legal proceedings may be necessary. The process typically involves:

Filing a Claim

The party contesting the will or bringing a claim against the estate must file a claim with the appropriate court, outlining the grounds for their challenge and the relief sought.

Gathering Evidence

Both parties will need to gather and exchange evidence to support their positions. This may include witness statements, expert reports, and documentary evidence.

Court Hearing

The court will schedule a hearing where both parties can present their case. The judge will consider the evidence and make a decision based on the law and the best interests of the parties involved.


If either party is dissatisfied with the court’s decision, they may have the right to appeal to a higher court. Appeals must be based on a legal error or significant procedural issue in the original case.


Once a decision is reached, the court’s orders must be enforced. This may involve distributing estate assets, removing or appointing executors, or taking other actions to resolve the dispute.

Practical Considerations for Executors and Beneficiaries

Clear Communication

Open and clear communication between executors and beneficiaries can prevent misunderstandings and reduce the likelihood of disputes. Executors should keep beneficiaries informed about the administration process, timelines, and any issues that arise.

Professional Advice

Seeking professional advice from solicitors, accountants, and financial advisors can help executors navigate complex legal and financial issues. This can ensure that the estate is administered correctly and in accordance with the law.

Keeping Detailed Records

Executors should maintain detailed records of all estate transactions, including receipts, invoices, and correspondence. This transparency can help demonstrate that the executor is fulfilling their duties and reduce the risk of disputes.

Managing Expectations

Beneficiaries may have unrealistic expectations about their entitlements or the speed of the administration process. Executors should manage these expectations by providing clear and accurate information about the estate and the steps involved in its administration.

Role of Legal Professionals

Advising Clients

As legal professionals, our role includes providing comprehensive advice to clients on all aspects of contentious probate. This involves:

  • Explaining the legal framework and grounds for challenging a will
  • Assessing the merits of the case and potential outcomes
  • Advising on the best strategies to achieve a favourable resolution

Representation in Court

Legal representation is crucial for presenting a compelling case in court. Our responsibilities include:

  • Preparing evidence and legal arguments
  • Drafting legal documents and filings
  • Advocating for the client’s position during hearings

Mediation and Negotiation

Facilitating mediation and negotiation between parties can help resolve disputes without the need for court intervention. Legal professionals can guide these discussions, helping to reach mutually agreeable solutions that prioritise the interests of the estate and the parties involved.

Case Studies

Undue Influence

In a notable case, a will was contested on the grounds of undue influence. The testator’s caregiver was accused of coercing the testator into changing the will to benefit them. Evidence, including witness statements and medical records, was presented to demonstrate the testator’s vulnerability and the caregiver’s influence. The court ultimately ruled in favour of the original beneficiaries, invalidating the contested will.

Intestacy Dispute

In another case, a person died intestate, leaving behind a complex family situation with multiple potential beneficiaries. Disputes arose over the application of intestacy rules and the distribution of assets. Mediation successfully resolved the disputes, leading to an agreed-upon distribution plan that was formalised by the court.

Executor Misconduct

A dispute emerged over allegations of executor misconduct. Beneficiaries claimed the executor was mismanaging the estate and acting in their own interest. Legal proceedings were initiated, and the court found evidence of misconduct. The executor was removed, and a new executor was appointed to ensure proper administration of the estate.

Future Trends and Developments

Digital Wills and Probate

The rise of digital wills and online probate services is transforming the landscape of estate administration. While these technologies offer convenience, they also present new legal challenges, particularly regarding the validity and security of digital documents. Staying informed about technological advancements and their legal implications is essential for navigating future contentious probate cases.

Legislative Changes

Ongoing legislative changes may impact the rules and procedures governing contentious probate. Keeping abreast of legal developments ensures practitioners and clients are prepared to adapt to new regulations and best practices.

Increased Mediation

There is a growing emphasis on mediation and ADR in contentious probate to reduce the burden on courts and provide more amicable resolutions. This trend will likely continue, with greater resources and support for mediation services.


Contentious probate involves navigating complex legal, emotional, and financial challenges. Understanding the legal framework, common issues, and practical steps involved is essential for resolving disputes effectively.

At DLS Solicitors, we are committed to providing expert legal advice and support to clients dealing with contentious probate. By prioritising clear communication, professional advice, and a thorough understanding of the law, we help clients achieve fair and favourable outcomes.

Please do not hesitate to contact us if you have any questions or need assistance with contentious probate. Our experienced team is here to guide you through the process with empathy and professionalism.

Contentious Probate FAQ'S

Contentious probate refers to disputes that arise regarding the administration or distribution of a deceased person’s estate. This can include challenges to the validity of a will, disputes between beneficiaries, or disagreements over the interpretation of a will.

A will can be contested on several grounds, including:

  • Lack of testamentary capacity (the deceased did not understand what they were doing when making the will).
  • Undue influence (the deceased was pressured or coerced).
  • Fraud or forgery.
  • Improper execution (the will does not meet legal requirements).
  • Lack of knowledge and approval (the deceased was not aware of or did not approve the will’s contents).

Generally, individuals who have a potential interest in the estate, such as family members, dependents, or beneficiaries named in the will or a previous will, can contest it. Additionally, anyone who would inherit under the rules of intestacy can also contest.

The time limit for contesting a will varies depending on the type of claim:

  • Claims under the Inheritance (Provision for Family and Dependants) Act 1975 must be made within six months from the grant of probate.
  • Fraud or forgery claims have no time limit, but it is advisable to act promptly.
  • Other claims, such as those based on undue influence or lack of testamentary capacity, should ideally be brought within six months to a year from the grant of probate.

Proving a will is invalid typically requires evidence such as medical records, witness statements, and expert testimony to support claims of lack of capacity, undue influence, or other grounds. Legal advice and representation are crucial in these cases.

If a will is successfully contested, it may be declared invalid. The estate will then be distributed according to a previous valid will, or if no such will exists, under the rules of intestacy. In some cases, specific provisions of the contested will may be altered without invalidating the entire document.

Yes, an executor can be removed if they are not fulfilling their duties properly or are acting against the interests of the estate. Beneficiaries or co-executors can apply to the court for the removal of an executor.

A caveat is a formal notice filed at the Probate Registry to prevent a grant of probate or administration from being issued. It is often used to allow time to investigate and contest a will or the administration of an estate. A caveat remains in effect for six months and can be renewed.

Yes, under the Inheritance (Provision for Family and Dependants) Act 1975, certain individuals, including spouses, civil partners, children, and dependents, can claim reasonable financial provision from an estate if they are not adequately provided for in the will.

If you suspect a will has been tampered with or forged, you should seek legal advice immediately. An investigation will be necessary to gather evidence, and you may need to apply to the court to contest the will on these grounds.


This site contains general legal information but does not constitute professional legal advice for your particular situation. Persuing this glossary does not create an attorney-client or legal adviser relationship. If you have specific questions, please consult a qualified attorney licensed in your jurisdiction.

This glossary post was last updated: 11th July 2024.

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Our team of professionals are based in Alderley Edge, Cheshire. We offer clear, specialist legal advice in all matters relating to Family Law, Wills, Trusts, Probate, Lasting Power of Attorney and Court of Protection.

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