Contentious Probate

Updated July 2026

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

Written by Tanya Waterworth, Digital Content Writer

Contentious probate is a legal term that many people only become familiar with after the death of a loved one during some of the most emotionally challenging times. When a loved one passes away, their money, possessions and property need to be sorted out and passed on to others. This is known as their estate and it is divided according to their will.

However, sometimes disagreements or disputes arise regarding the will and this is known as contentious probate. This is often a highly stressful time for families, especially if they feel left out, unfairly treated or unsure about what the person who has passed away, really wanted.

Contentious probate is a complex and often emotionally fraught area of law. If you are involved in such a dispute, our team works with specialist contentious probate lawyers. They will protect your legal rights and ensure the estate is distributed fairly.

Examples of Contentious Probate

Contentious probate means there’s a disagreement over a will or an estate of someone who has passed away. These disagreements can be very distressing when a family is already grieving.

This might happen if:

• Someone thinks the will is fake or was made under pressure.
• A family member feels unfairly left out or didn’t receive what they were promised.
• People argue over who should be in charge of sorting out the estate..
• There’s confusion because the the will is unclear or contradicts itself.

For example, if a parent leaves everything to just one child and nothing to others, the children who were left out might challenge the will. Or if the person who made the will had dementia or wasn’t thinking clearly, someone might argue that the will shouldn’t be used.

So, contentious probate is all about resolving these kinds of disputes and getting help from a specialist probate solicitor may be invaluable at this difficult time. Many contentious disputes are resolved without going to court. Mediation or negotiation can help families come to an agreement.

Who Can Challenge a Will?

Not just anyone can dispute a will. You can usually challenge a will if you are:

• The spouse or civil partner of the person who died
• A former spouse or civil partner (if you haven’t remarried)
• A child (including adopted children)
• A stepchild or someone treated as family
• A person who was financially dependent on the person who died
• A cohabiting partner who lived with the deceased for at least two years before their death

These people may be able to claim that they should have received more from the estate, especially if they were left out entirely.

When Does Contentious Probate Happen?

Disputes can come up at different stages after someone dies. For example:

• Right after the will is read, someone may be shocked or upset by what’s in it.
• During the probate process, people might notice something suspicious or unusual.
• New information may come to light, like the discovery of another will or evidence of wrongdoing.

In most cases, if you want to challenge a will, you must do so within six months of the probate grant, the legal permission to deal with the estate. However, some claims can be made later if there’s a good reason.

FAQs About Contentious Probate (England & Wales)

What is contentious probate?

Contentious probate refers to any dispute about a person’s estate after they die. This can involve disagreements over the validity of a will, who should administer the estate, or how assets should be distributed. These disputes are handled in the Probate Division of the High Court.

Who can bring a contentious probate claim?

Typically, this would include beneficiaries, family members, dependants, executors, or anyone with a legitimate interest in the estate can bring a claim. The key requirement is that the person must have a legal standing in relation to the estate.

What are common grounds for challenging a will?

Common grounds include lack of mental capacity, undue influence, fraud, improper execution, or the belief that the deceased did not understand or approve the contents of the will.

Can I challenge a will if I was left out?

Yes. Even if the will is valid, you may be able to bring a claim under the Inheritance (Provision for Family and Dependants) Act 1975 if you were financially dependent on the deceased or fall within an eligible category.

How long do I have to bring a contentious probate claim?

Time limits vary. Claims under the 1975 Act must usually be made within six months of the grant of probate. Challenges to the validity of a will have no strict deadline but should be brought as early as possible to avoid estate distribution.

What evidence is needed to challenge a will?

Evidence may include medical records, witness statements, solicitor notes, handwriting analysis, or proof of coercion.

Can an executor be removed?

Yes. If an executor is acting improperly, causing delays, or failing to administer the estate correctly, the court can remove them and appoint a replacement.

What happens if there is no will and family members disagree?

The estate is distributed under the intestacy rules, but disputes can still arise over who should administer the estate or whether someone was financially dependent on the deceased. Mediation or court intervention may be required.

Do contentious probate cases go to court?

Many disputes settle through negotiation or mediation. However, if parties cannot agree, the matter may proceed to a court hearing where a judge will make a final decision.

How long does contentious probate take?

Simple disputes may resolve within months, while complex cases, especially those involving capacity or undue influence can take longer. The timeline can generally depend on evidence, cooperation between parties, and court availability.

How Can We Help?

It’s important to get good legal advice early on. Our partner panel firms are here to help you during this difficult time, offering a range of fee structures, including ‘No Win, No Fee’ agreements 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 with a member of our expert team.