Contentious probate is becoming increasingly common in the UK, particularly as family structures grow more complex and estates become more valuable. Disputes over wills, inheritance, and estate administration can be emotionally charged and legally complex – making early legal advice essential.
In this guide, we explain what contentious probate is, the most common types of disputes, and when you should seek specialist legal support.
What Is Contentious Probate?
Contentious probate refers to disputes arising from the administration of a deceased person’s estate. These disputes can involve challenges to the validity of a will, disagreements between beneficiaries, or claims from individuals who believe they have not been adequately provided for.
Unlike standard probate, which is administrative, contentious probate involves litigation or the threat of court proceedings.
Common Types of Contentious Probate Claims
1. Challenging the Validity of a Will
A will may be contested if there are concerns about:
- Lack of testamentary capacity
- Undue influence
- Fraud or forgery
- Improper execution
These claims require strong evidence and often involve detailed investigation.
2. Inheritance Act Claims
Under the Inheritance (Provision for Family and Dependants) Act 1975, certain individuals can bring a claim if they have not received reasonable financial provision from the estate.
This includes:
- Spouses and civil partners
- Children
- Cohabiting partners
- Financial dependants
3. Executor and Trustee Disputes
Disputes can arise where executors:
- Fail to administer the estate properly
- Delay distribution
- Act in their own interests
In some cases, it may be necessary to apply to court to remove or replace an executor.
4. Proprietary Estoppel Claims
These claims arise where someone has relied on a promise (often informal) and suffered a detriment as a result — for example, working for years in expectation of inheriting property.
Why Early Legal Advice Matters
Contentious probate disputes can escalate quickly. Delays can:
- Increase legal costs
- Reduce the value of the estate
- Damage family relationships
Early intervention allows for:
- Strategic positioning
- Preservation of evidence
- Potential early settlement
How Disputes Are Resolved
Not all cases go to court. Many disputes are resolved through:
- Negotiation
- Mediation
- Settlement agreements
However, where necessary, court proceedings may be issued to protect your position.
How We Can Help
At Villars Legal, we specialise in contentious probate and inheritance disputes. We work closely with private client solicitors and individuals to:
- Protect estate assets
- Resolve disputes efficiently
- Provide clear, strategic advice
- Handle complex litigation where required
Whether you are bringing a claim or defending one, we ensure your position is robustly represented.
Speak to a Specialist Today
If you are facing a dispute over a will or inheritance, early advice is key.
Contact Villars Legal today to discuss your situation with a specialist contentious probate solicitor and explore your options.
Call us: 0044 7782 354715 | 0208 106 1209
Website: www.villarslegal.co.uk
Email: info@villarslegal.co.uk
Get in touch now to protect your position and resolve your matter with confidence.