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“We understand that probate disputes are rarely just about money. They often involve family relationships, longstanding expectations and deeply personal issues. Our approach is both sensitive and strategic, aiming to resolve disputes efficiently while minimising stress and unnecessary conflict wherever possible.”Disputes over a loved one’s estate can be emotionally difficult and legally complex. At a time when families are grieving, disagreements over a Will, inheritance, or the administration of an estate can quickly escalate.
Our contentious probate solicitors in Bath advise beneficiaries, executors and family members involved in probate disputes throughout England and Wales. Whether you are considering contesting a Will, bringing an Inheritance Act claim, or have concerns about the conduct of an executor, we provide clear, practical legal advice to help protect your interests.
While many disputes can be resolved through negotiation or mediation, our solicitors are experienced in pursuing and defending claims through the courts where necessary.
Contents
- What is contentious probate?
- How to challenge a Will
- Inheritance Act Claims
- Executor disputes and estate administration claims
- How contentious probate disputes are resolved
- How long do you have to contest a Will?
- Why instruct a contentious probate solicitor?
- FAQs about contentious probate
What is contentious probate?
Contentious probate refers to legal disputes relating to a deceased person’s estate. These disputes may arise before or after a grant of probate has been issued and often involve disagreements between beneficiaries, executors, family members or other interested parties.
Contentious probate cases commonly involve:
- Challenges to the validity of a Will
- Claims for reasonable financial provision from an estate
- Disputes involving executors or administrators
- Allegations of undue influence, fraud or forgery
- Disputes between beneficiaries
- Concerns about the administration of estates or trusts
Every probate dispute is unique. The best strategy will depend on the circumstances of the estate, the evidence available and the relationships between the parties involved.
Contesting a Will: How to challenge a Will
One of the most common forms of contentious probate is contesting a Will.
A Will may be challenged where there are concerns that it does not genuinely reflect the wishes of the deceased. The law recognises several grounds on which a Will may be declared invalid.
A Will may be contested if:
- the person making the Will lacked mental capacity;
- the Will was not properly executed;
- there are allegations of fraud or forgery;
- the deceased was pressured or manipulated when making the Will;
- there is evidence of undue influence.
If a court determines that a Will is invalid, the estate may instead be distributed according to a previous valid Will. If no earlier Will exists, the estate will usually be distributed under the rules of intestacy.
Because Will disputes often involve complex evidence, including medical records and witness testimony, it is important to seek specialist legal advice as early as possible.
Discover more about Writing a Will
Inheritance Act Claims
Not all probate disputes involve challenging the validity of a Will. In many cases, the issue is whether someone has received reasonable financial provision from the estate.
Under the Inheritance (Provision for Family and Dependants) Act 1975, certain individuals may be entitled to bring a claim if they have not been adequately provided for.
Those who may be able to bring a claim include:
- spouses or civil partners
- former spouses who have not remarried
- children of the deceased
- individuals treated as a child of the family
- people who were financially dependent on the deceased
Inheritance Act claims arise when the Will – or the intestacy rules – fail to make reasonable provision for someone who was dependent on the deceased or who might reasonably expect financial support.
These claims are time-sensitive and, in most cases, must be issued within six months of the grant of probate.
Executor disputes and estate administration claims
Executors and administrators are responsible for collecting the estate’s assets, settling debts and distributing property in accordance with the Will or the law.
Most executors perform this role carefully and responsibly. However, disputes sometimes arise where beneficiaries believe the estate is being mishandled.
Common concerns include:
- delays in administering the estate
- lack of transparency or communication
- improper or premature distribution of assets
- conflicts of interest
- concerns about mismanagement of estate funds
In serious cases, it may be necessary to apply to the court to require an executor to account for their actions, or to seek their removal and replacement.
Our contentious probate solicitors regularly advise beneficiaries and executors involved in disputes about the administration of estates.
Discover more about Estate Administration
How contentious probate disputes are resolved
Probate disputes can become costly and time-consuming if they proceed to trial. For that reason, courts and legal advisers generally encourage parties to explore alternative dispute resolution (ADR) wherever possible.
Many contentious probate disputes can be resolved through:
- negotiation between solicitors
- mediation
- structured settlement discussions
These approaches often allow disputes to be resolved more quickly and cost-effectively while reducing the emotional strain of prolonged litigation.
However, where a settlement cannot be reached, it may be necessary to bring or defend proceedings in the High Court or County Court. Our solicitors are experienced in managing complex probate litigation and will guide you through each stage of the process.
How long do you have to contest a Will?
Time limits depend on the type of claim involved.
Some claims have strict deadlines, while others must simply be brought within a reasonable timeframe.
For example:
- Inheritance Act claims usually must be issued within six months of the grant of probate
- Rectification claims generally follow the same timeframe
- Challenges to the validity of a Will do not have a strict statutory limitation period, but delay can make a claim more difficult
Once probate has been granted, estates may be distributed. For that reason, it is usually advisable to obtain legal advice as soon as concerns arise.
Why instruct a contentious probate solicitor?
Contentious probate disputes often involve complicated legal issues as well as sensitive family relationships. Seeking advice from an experienced contentious probate solicitor can help you:
- understand whether you have a valid legal claim
- assess the strengths and weaknesses of your case
- identify the most effective way to resolve the dispute
- understand the potential costs and risks involved
Early legal advice can also help preserve evidence and prevent estate assets from being distributed before a dispute is resolved.
Our Bath-based contentious probate solicitors act for clients across England and Wales and aim to resolve disputes efficiently while protecting our clients’ interests.
FAQs about contentious probate
What does “contentious probate” mean?
Contentious probate refers to any dispute relating to a deceased person’s estate. This may include challenges to a Will, inheritance claims under the Inheritance Act, or disputes about how an estate is being administered.
Can I contest a Will after probate has been granted?
Yes. In many circumstances, it is still possible to contest a Will after probate has been granted. However, delays can complicate claims, particularly if the estate has already been distributed.
Who can contest a Will?
Only individuals with a legal interest in the estate can usually contest a Will. This may include beneficiaries, those who would inherit under an earlier Will, or individuals who may have a claim under the Inheritance Act.
How much does it cost to contest a Will?
The cost of contesting a Will varies depending on the complexity of the dispute and whether the matter proceeds to court. Many probate disputes are resolved through negotiation or mediation, which can reduce legal costs.
Who pays legal costs in a probate dispute?
If a contentious probate matter proceeds to court, the general rule is that the losing party may be ordered to pay the successful party’s legal costs. However, the court has discretion and different cost orders may sometimes be made.
Speak to a contentious probate solicitor based in Bath
If you are involved in a dispute concerning a Will, inheritance, or the administration of an estate, early legal advice can make a significant difference.
Our contentious probate solicitors in Bath provide clear guidance on your legal options and the next steps, helping you resolve disputes as efficiently and effectively as possible.