Top 10 FAQs On Contentious Probate

Written by Tanya Waterworth, Digital Content Writer

About Our Legal Expert: This content is produced with oversight by Michael Jefferies, Managing Director who has over 30 years’ legal experience.

What You Need To Know To Contest A Will

When someone passes away, their money, property and possessions are passed on according to their will, but if a dispute arises – here are the top 10 FAQs on contentious probate.  If you’ve been left out of a will or feel the estate is being badly handled, you may want to find out more about what to do next.

Being involved in a probate dispute can feel stressful and confusing at a time when you’re also dealing with loss. However, it’s vital to deal with the matter promptly as there are strict time limits for probate claims.

Here are the Top 10 FAQs which are most commonly asked:

1. What Makes a Will Invalid?
2. What is Reasonable Financial Provision under the Inheritance Act?
3. Who Can Claim under the Inheritance Act?
4. What Do You Do if You Suspect a Will is Forged?
5. What is the Difference Between a Forged or Fraudulent Will?
6. How Do I Contest a Will in the UK?
7. What is the Time Limit for Making a Probate Claim?
8. What Happens if No Will is Found?
9. Can I Claim if I Was Left Out of the Will?
10. Can Contentious Probate Cases Be Settled Out of Court?

Take a look below for quick answers to these important questions and what you should do next.

What is Contentious Probate?

Firstly, contentious probate is the legal term for disputes over a deceased person’s estate. It can involve:

• Challenging the validity of a will.
• Disagreements over how an estate is distributed.
• Claims for financial support from the estate.
• Allegations of executor misconduct.

These disputes are dealt with under UK probate law, often involving court proceedings, though many are resolved through mediation.

Top 10 Contentious Probate FAQs

1. What Makes a Will Invalid?

A will can be declared invalid if it breaks the legal rules or was made unfairly.
This can happen if:

• The person didn’t understand what they were doing i.e. lack of mental capacity.
• They were pressured or influenced by someone.
• The will wasn’t signed or witnessed properly.
• It was forged or altered without permission.
• The person didn’t know what they were signing.

If a will is invalid, an earlier valid will might be used, or the estate is shared under intestacy rules. However, if you believe the issue may be just a drafting error, see our guide on what to do about a mistake in a will.

2. What is Reasonable Financial Provision under the Inheritance Act?

The Inheritance (Provision for Family and Dependants) Act 1975 allows certain people to claim if they weren’t left enough in the will.

• Spouses or civil partners – usually enough to maintain their standard of living.
• Children, dependants, or partners – enough to cover everyday needs like housing, bills, and living expenses.

The court considers the size of the estate, your needs, the needs of others, and your relationship with the deceased.

3. Who Can Claim under the Inheritance Act?

You can claim if you were financially connected to the deceased. Eligible people include:

1. Spouse or civil partner.
2. Former spouse or civil partner (if not remarried).
3. Biological or adopted child.
4. Stepchild or someone treated as their child.
5. Partner who lived with them for at least two years.
6. Anyone financially supported by them.

Claims must usually be made within 6 months of probate being granted.

4. What Do You Do if You Suspect a Will is Forged?

If you think a will is forged:

1. Contact the probate registry to pause the process.
2. Get advice from a contentious probate solicitor.
3. Gather evidence (handwriting analysis, witness statements, document history).
4. Apply to court to challenge the will.

Forgery is a criminal offence and can lead to prosecution and the will being thrown out.

5. What is the Difference Between a Forged or Fraudulent Will?

• Forged will – the signature or the whole document is fake.
• Fraudulent will – the will is genuine, but made through lies or deceit (for example, tricking the person into signing it without knowing the contents).

Both make a will invalid, but the way they’re proved in court is different.

6. How Do I Contest a Will?

To contest a will, you must file a claim in court. Reasons include:

• Lack of mental capacity.
• Undue influence.
• Not being given reasonable financial provision.

7. What is the Time Limit for Making a Probate Claim?

In England and Wales, most claims must be made within 6 months of the grant of probate.
You may apply after this time, but you need court permission — and it’s not always granted.

8. What Happens if No Will is Found?

If there’s no will, the estate is distributed under intestacy rules. Usually:

• A spouse or civil partner gets most of the estate.
• Children share the rest.
• If no spouse or children, other relatives inherit.

If this leaves you without support, you may be able to claim under the Inheritance Act.

9. Can I Claim if I Was Left Out of the Will?

Yes, if you qualify under the Inheritance Act. This includes spouses, civil partners, children, stepchildren, long-term partners, and financial dependants.
You must act within 6 months of probate.

10. Can Contentious Probate Cases Be Settled Out of Court?

Yes – many probate disputes are resolved through mediation or private negotiation. This is usually cheaper, faster, and less stressful than going to court.
If talks fail, the case may move to a court hearing.

If you’re unsure whether your concern is based on a misconception, read our guide to the top myths about will disputes.

How to Protect Your Position in a Contentious Probate Case

If you think a will is wrong or you’ve been left out unfairly:

• Act quickly – deadlines are strict.
• Get legal advice early – a solicitor can stop probate until the dispute is sorted.
• Gather evidence – bank statements, witness accounts, medical records, or previous wills.
• Consider mediation – courts often prefer disputes to be resolved without a full trial.

Why Acting Quickly Matters

The 6-month time limit is one of the most important factors in probate disputes. Even if you’re still grieving, it’s vital to seek legal advice as soon as possible. Waiting too long can mean losing your right to claim entirely.

Contentious probate can be overwhelming, especially when emotions are high. But understanding the process, your legal rights, and the strict time limits can make a huge difference.

Whether you’re contesting a will, making an inheritance claim, or dealing with forgery or fraud, getting expert advice early will give you the best chance of success.

Reach Out To Our Team

Contentious probate can be daunting, but knowing your rights and the legal process makes a huge difference. If you’re involved in a dispute or anticipate one, seeking specialist legal advice early is vital. From contesting wills to claiming reasonable provision, understanding contentious probate safeguards your interests.

Our team works with probate experts who can support you every step of the way.

We offer a range of fee structures, including ‘No Win, No Fee’ for certain cases along with other flexible funding – speak to our team to find out more.

Contact Jefferies Claims today at 0333 358 3034 or complete our online contact form to arrange an initial no-obligation telephone consultation.