Contested Will or Contested Probate

Contesting or defending a Will or Estate

Contesting or Defending a Will or Estate

Dealing with the death of a loved one is never easy, and when disputes arise over their will or estate, the emotional strain can be even greater. Whether you are looking to contest a Will, challenge the probate process, or defend an estate from a claim, the legal process can be complex and sensitive. We offer clear, empathetic advice to help you understand your rights and options at every stage.

What is a contested Will or Probate Dispute

A contested will or probate dispute arises when someone challenges either the validity of a Will, the way an estate is being administered, or the grant of probate itself. Common grounds for contesting a Will include concerns that the Will is invalid due to lack of capacity, undue influence, fraud, or improper execution.

Contested probate disputes, however, may also include disagreements about:

• Who should act as executor or administrator
• Whether the probate application was properly made
• How an executor or administrator is carrying out their duties
• Claims that the estate is being mismanaged or distributed incorrectly

Whether you are questioning the validity of a Will, challenging how probate is being handled, or defending a claim, specialist legal advice is crucial to protect your interests.

Grounds for contesting a Will or Probate

The most common reasons for contesting a Will or probate include:

• Lack of Testamentary Capacity – the person making the Will must have understood what they were doing.
• Undue Influence – a Will may be invalid if the deceased was pressured or coerced.
• Improper Execution – a valid Will must meet formal legal requirements.
• Fraud or Forgery – this is very serious, but not unheard of in probate disputes.
• Financial Provision Claims – under the Inheritance (Provision for Family and Dependants) Act 1975, certain people can claim reasonable financial provision.
• Executor Disputes – arguments over who should manage the estate or allegations of mismanagement by executors or administrators.
• Probate Process Challenges – issues with how probate was obtained or how the estate is being administered.

Understanding whether you have grounds to bring or defend a claim is the first step — our litigation solicitors can guide you through the process.

The process for contesting a Will or Probate

The process of contesting or defending a Will or probate

The process typically involves:

1. Initial Investigation – reviewing the will, the probate application, estate accounts, and sometimes medical or other evidence.
2. Pre-Action Correspondence – we aim to resolve disputes early, through negotiation or mediation where possible.
3. Court Proceeding – if settlement cannot be reached, claims are issued at court for a judge to decide.

Strict time limits apply — for example, claims under the Inheritance Act must usually be brought within six months of the Grant of Probate. Probate disputes over the grant itself may need to be brought even sooner. Early legal advice is therefore essential.

How can a solicitor help with contested Will or Probate

Navigating a contested Will or probate dispute is emotionally charged and legally complex. Our litigation team understand the need for a sensitive but pragmatic approach. We offer:

• Clear advice on the merits and risks of your claim or defence
• Skilled negotiation to try to achieve an early settlement
• Court representation if necessary
• Support in gathering and presenting evidence
• Transparent costs advice throughout

We work closely with you to understand your goals, whether that is achieving a fair financial settlement, ensuring the estate is properly administered, or protecting the validity of a loved one’s wishes.