Disputes involving a loved one’s estate are often some of the most sensitive and emotionally challenging legal matters a family can face. When disagreements arise after someone passes away, the issue is rarely just about money; it is often connected to grief, long-standing family dynamics, expectations, and questions of fairness.

Whether the dispute relates to the validity of a will, concerns about mental capacity, the conduct of executors, or disputes over inheritance, these cases fall under the area of contentious probate. They can involve complex legal issues and often require urgent specialist advice, particularly where someone wishes to bring a claim or needs to defend a claim made against the estate.

At Expert Family Law, we connect individuals with experienced probate solicitors specialising in trusts and probate, helping families resolve disputes involving the deceased person’s estate with clear strategy, practical support, and expert legal advice.

What is Contentious Probate?

Contentious probate refers to legal disputes relating to the administration or distribution of a deceased person’s estate.

This can include disputes over:

• The validity of a will
• Claims for reasonable financial support
• Concerns about executors or administrators
• Arguments between executors and beneficiaries
• Allegations of fraud, undue influence, or lack of mental capacity
• Disputes involving trusts and inheritance rights

Unlike standard estate administration, contentious probate involves a disagreement that may require negotiation, formal legal action, or full court proceedings.

These disputes can arise whether there is a valid will, intestacy, or issues relating to grants of probate.

Common Types of Probate Disputes

There are several types of probate dispute, and understanding which type of claim applies is essential.

Contesting the Validity of a Will

A will may be challenged where there are concerns about:

• Lack of mental capacity
• Undue influence from another person
• Fraud or forgery
• Failure to meet legal requirements for signing and witnessing

For example, if there are concerns that the deceased did not understand the will they were signing, it may be possible to contest probate.

Inheritance Act Claims

Some disputes arise even where the will itself is valid.

Under the Inheritance Provision for Family and Dependants Act 1975, certain individuals may be able to seek financial provision if they have not been left reasonable support from the estate.

This often applies to:

• Spouses and civil partners
• Former spouses in some cases
• Children
• People financially dependent on the deceased
• Individuals treated as a child of the family

These are often referred to as claims against an estate.

Executor and Administrator Disputes

Disputes can also arise over how the estate is being managed.

This may include concerns that:

• Executors are delaying administration
• Assets are being mishandled
• Beneficiaries are not being treated fairly
• The estate is not being properly protected

These issues can create serious conflict between executors and beneficiaries, particularly where family relationships are already strained.

Can You Bring a Claim Against an Estate?

Yes, in certain circumstances it may be possible to bring a claim against a person’s estate.

This may be because:

• You believe the will is invalid
• You have been unfairly excluded from inheritance
• You were financially dependent on the deceased
• The executor has acted improperly
• There are disputes over trust assets or administration

The legal route depends on the facts of the case, and strict time limits often apply—particularly for claims under the Family and Dependants Act.

This is why early legal advice is so important.

What Is the Inheritance Provision for Family and Dependants Act 1975?

The Inheritance Provision for Family and Dependants Act 1975 (often shortened to the Dependants Act 1975) allows certain individuals to apply to the court for reasonable financial provision from the estate.

This does not mean rewriting the will entirely. Instead, the court looks at whether the applicant has received reasonable provision for their needs.

The court will consider:

• The applicant’s financial circumstances
• Their relationship with the deceased
• The size of the estate
• The needs of other beneficiaries
• Any obligations the deceased had towards them

This is one of the most common forms of contentious probate litigation.

Mental Capacity and Will Challenges

One of the most common reasons people seek to contest probate is concern over mental capacity.

For a will to be valid, the person making it must understand:

• The nature of making a will
• The extent of their assets
• Who may reasonably expect to benefit
• The effect of excluding certain individuals

If there are concerns that illness, dementia, medication, or vulnerability affected the person’s decision-making, the will may be open to challenge.

Medical records, witness evidence, and solicitor files are often central to these cases.

What Happens Once Probate Has Been Granted?

Many people assume that once Grants of Probate are issued, disputes cannot be raised. This is not always true.

It may still be possible to:

• Challenge the validity of the will
• Bring inheritance claims
• Seek action against executors
• Protect estate assets from improper distribution

However, acting quickly is essential. Once assets are distributed, recovering them can become significantly more difficult.

Urgent action may be needed to preserve the estate while the dispute is resolved.

Do All Probate Disputes Go to Court?

No. While some contentious probate matters result in formal court proceedings, many are resolved through negotiation, mediation, or solicitor-led settlement discussions.

This can often be:

• Faster
• Less expensive
• Less stressful for families
• More likely to preserve relationships where possible

However, where agreement cannot be reached, court action may be necessary to protect your position or properly defend a claim.

A strong legal strategy from the beginning often improves the chances of early resolution.

Defending a Claim Against an Estate

Not all clients are bringing claims; many need help to defend a claim made against the estate.

This may involve:

• Executors facing allegations of misconduct
• Beneficiaries defending the validity of a will
• Family members responding to an inheritance claim
• Protecting the wishes of the deceased

Defending probate litigation requires careful evidence gathering, legal strategy, and a clear understanding of both probate law and family dynamics.

Why Specialist Probate Solicitors Matter

Contentious probate is a specialist area of law that sits between litigation, inheritance law, and family disputes.

Working with experienced probate solicitors who understand trusts and probate is essential because these cases often involve:

• Complex evidence
• Strict deadlines
• High emotional conflict
• Significant financial consequences
• Risks around legal costs and estate protection

A specialist solicitor can help assess whether you should bring a claim, negotiate settlement, or protect your position in formal proceedings.

How Can Expert Family Law Help?

At Expert Family Law, we understand that probate disputes are rarely just legal; they are personal, emotional, and often deeply stressful.

We connect individuals with experienced professionals specialising in:

• Contentious probate
• Estate administration disputes
• Claims against an estate
• Inheritance provision for family claims
• Challenges involving mental capacity
• Disputes between executors and beneficiaries
• Probate disputes involving trusts and inheritance

Whether you need to contest probate, protect a loved one’s wishes, or seek fair financial provision, we help you access clear, strategic legal advice quickly.

Speak to Contentious Probate Solicitors Today

If you are involved in a probate dispute, early action can make a significant difference.

Whether you need to challenge a will, resolve a dispute over estate administration, or respond to claims against an estate, Expert Family Law can help.

We connect you with experienced probate professionals who can guide you through negotiations, protect your interests, and represent you where necessary in formal court proceedings.

Getting the right advice early can protect both your legal position and your peace of mind.

FAQs About Contentious Probate

What is contentious probate?

Contentious probate refers to disputes involving the administration or distribution of a deceased person’s estate. This may include will disputes, inheritance claims, executor disputes, or concerns about financial provision.

Can I contest probate after it has been granted?

Yes, in some cases it is still possible to contest probate after grants of probate have been issued, particularly where there are concerns about mental capacity, fraud, or inheritance provision claims.

Who can bring a claim under the Inheritance Act?

Spouses, civil partners, children, financially dependent individuals, and some others may be able to bring a claim under the Inheritance Provision for Family and Dependants Act 1975.

What if I need to defend a claim?

If someone has brought a claim against the estate or challenged the will, you may need legal support to defend a claim, protect the estate, and ensure the wishes of the deceased are respected.

Do probate disputes always go to court?

No. Many disputes are resolved through negotiation or mediation without full court proceedings, although formal litigation may be necessary in more complex cases.