What is Contentious Probate? A Guide to Will and Estate Disputes

What is contentious Probate?

Contentious probate is the legal term that covers a broad range of disputes concerning wills, inheritance, trusts and the administration of estates after a person has died. It covers issues such as the validity of a deceased’s will, a family member of the deceased not receiving reasonable financial provisions and claims relating to the way in which a deceased’s estate is being managed.

My work has involved supporting many family members, beneficiaries and executors through these challenging moments with empathy and straightforward practical advice.

If you are facing a potential dispute over a Will or need professional advice on contentious probate matters, get in touch with our specialist contentious probate solicitors. You can call 0800 086 2929, email info@elitelawsolicitors.co.uk, or complete our Free Online Enquiry Form to arrange a confidential consultation.

Common Scenarios in Contentious Probate

Challenging the validity of a will

There are several grounds on which a will can be challenged, including concerns about the testator’s mental capacity, improper execution of the will or undue influence by another party. These disputes require careful investigation and a strategic approach.

In the past, I had assisted a daughter in challenging her late mother’s will where the circumstances initially appeared difficult. The relationship between beneficiaries was strained and there was little willingness to engage. However, through careful preparation and persistent negotiation, we were able to move the matter towards mediation which was a step that ultimately opened the door to a constructive resolution. This experience reflects how even the most challenging situations can progress positively with the right guidance and strategy.

Early legal advice is essential. I can help you obtain a copy of the will from the will‑writer, review the surrounding circumstances, obtain any medical records if relevant and guide you through the process to assess the strength of your position and protect your interests from the outset.

Claims Under the Inheritance (Provision for Family and Dependants) Act 1975

The Inheritance (Provision for Family and Dependants) Act 1975 allows certain individuals to make a claim if they have not been left reasonable financial provision from an estate. This applies even where there is a valid will, or where the deceased died without one.

Eligible claimants include:

• Spouses or civil partners
• Former spouses or civil partners who have not remarried
• Children of the deceased, including adopted and stepchildren
• Individuals financially dependent on the deceased

Inheritance Act claims are often driven by financial need and strict time limits apply, usually six months from the grant of probate. Seeking early legal advice is crucial.

I can help you assess whether you have a strong claim, gather the evidence needed to support your case and guide you through the process from the very first steps. If you are unsure whether the Act applies to your situation, I can talk it through with you and provide clear, practical guidance.

Executor disputes

Executor disputes arise when concerns are raised about the way an executor is managing an estate or where there is a breakdown in trust or communication between executors and beneficiaries. These issues can lead to delays, uncertainty and significant stress during what is already a difficult time for the parties involved.

Common reasons for executor disputes include:

• Failure to administer the estate efficiently or transparently
• Mismanagement of estate funds
• Conflicts between joint executors of the same estate – for instance one executor may seek the removal of a co-executor
• Executors acting outside their legal powers
• Concerns about bias, misconduct or breach of duty

I can help you understand your rights, review how the estate is being handled and advise you on the best way to resolve concerns. If necessary, I can also assist you in applying to remove or replace an executor to protect the estate and your position.

Contentious Probate Case Study – Challenging the validity of a Will whilst being an Executor

The Facts

I was instructed by the daughter of the deceased in a complex contentious probate matter. My client had been appointed both executor and beneficiary under her late mother’s will. She had grave concerns about the circumstances in which the will was prepared and executed. She believed her mother lacked the mental capacity to understand the true extent of the property and substantial financial gifts she was leaving to her daughter‑in‑law and the daughter‑in‑law’s children.

The dual role created a challenging dynamic: my client wished to challenge the validity of the will as a beneficiary but needed to ensure full compliance with her fiduciary duties as an executor.

The Key Issues

My client believed that at the time the will was executed, her mother:

• Did not understand the full extent of her assets, including property and financial accounts
• Did not realise the scale of what she was giving away to her daughter‑in‑law and the children of her daughter-in-law
• May have lacked testamentary capacity
• May not have fully appreciated or approved the contents of the will

These concerns raised clear potential grounds under the principles in Banks v Goodfellow, including:

• Understanding the nature of making a will
• Understanding the extent of her estate
• Comprehending the claims of potential beneficiaries
• Ensuring the will reflected her true intentions

The co‑executor, the deceased’s daughter‑in‑law (and major beneficiary under the disputed will), refused to engage at all. She initially rejected attempts to explore the validity concerns and had no interest in resolving the dispute because the current will significantly favoured her and her children.  This stalemate risked paralysing the estate administration entirely.

The Steps Taken

I provided detailed guidance to my client on how to:

• Maintain strict executor neutrality
• Keep decision‑making transparent and appropriately documented
• Avoid allegations of conflict of interest
• Pursue the will challenge solely in her personal capacity as beneficiary

This protected her position and ensured she complied with her fiduciary duties while still advancing a legitimate challenge.

I carried out an initial evidential review, including:

• Medical history and cognitive decline indicators
• Information from carers / family
• The complexity of the estate
• The size and nature of the gifts made

My focus was on demonstrating that the deceased likely did not appreciate the extent of the property and money she was giving away, which is a core component of testamentary capacity.

Given the total refusal to engage, I:

• Set out the co‑executor’s fiduciary duties in clear terms
• Warned of potential court applications for directions, compliance orders or possible removal as executor
• Highlighted the personal cost consequences of ongoing non‑compliance
• Ensured all communications were strategic, legally grounded, and calibrated to prompt action

Following sustained pressure, the co‑executor and her children finally instructed solicitors. This was a major breakthrough, transforming the matter from complete deadlock into a structured legal dispute where progress was finally possible.

Once represented, the other side:

• Acknowledged the daughter’s concerns
• Accepted that a validity challenge had to be considered
• Agreed that mediation was an appropriate next step to explore resolution

This was a significant achievement given their earlier intransigence.

How Elite Law Solicitors can help

Contentious probate disputes can be complex, emotionally draining and difficult to navigate alone. Whether you are concerned about the validity of a will, believe you have not been adequately provided for under the Inheritance Act, or are experiencing issues with the way an executor is handling an estate, clear legal guidance can make the process far more manageable.

To discuss your situation in confidence with a contentious probate solicitor, call 0800 086 2929, email info@elitelawsolicitors.co.uk, or complete our Free Online Enquiry Form

The content of this article is for general information only. The information in this article is not legal or professional advice. If you require legal or professional advice you should obtain independent expert advice from qualified litigation solicitors such as those within our firm.