Most people expect that when someone dies, their estate will be distributed in line with their will or, if there is no will, the intestacy rules. Unfortunately, it isn’t always that simple. Disagreements often arise over the validity of the will, how the estate is managed, or whether reasonable financial provision has been made. These disputes are known as contentious probate.
Common types of contentious probate disputes
Contentious probate covers a wide range of issues, but the most common include:
- Challenging the validity of a will – for example, claiming the person lacked mental capacity, was subject to undue influence, or that the will wasn’t executed properly.
- Inheritance Act claims – where someone feels they haven’t been left reasonable financial provision under the Inheritance (Provision for Family and Dependants) Act 1975.
- Executor or trustee disputes – disagreements about how executors or trustees are handling the estate.
- Disputes between beneficiaries – often about entitlement or the distribution of assets.
Why these disputes arise
Family relationships can be complicated. Add grief, differing expectations, and sometimes significant sums of money, and disputes can escalate quickly. What starts as a simple query about how a will has been interpreted may turn into a full-scale claim if handled poorly.
How contentious probate is resolved
Not all disputes end up in court. In fact, many are resolved through negotiation or mediation. This can save time, costs and, in some cases, preserve family relationships. Where agreement isn’t possible, however, the courts will step in to decide.
Why specialist advice matters
Contentious probate is a niche area. It requires an understanding of not just the law around wills, trusts and estates, but also of the court procedures and the human sensitivities involved. Choosing a lawyer with recognised expertise, for example, a full member of ACTAPS (Association of Contentious Trust and Probate Specialists) can make navigating these disputes far smoother and more cost-effective.
If you find yourself facing such a dispute, early specialist advice can often make the difference between a prolonged conflict and a workable resolution.
The author, Alistair Rustemeyer, qualified as a solicitor in 1994 and an accredited mediator in 1999. Alistair is a Full Member of ACTAPS and a specialist contentious probate solicitor in Brighton and Hove. His priority is to resolve estate conflicts smoothly through mediation, protecting your interests without unnecessary court litigation across all contested probate and Inheritance Act claims. For a free initial discussion, contact Alistair at alistair.rustemeyer@cognitivelaw.co.uk or call 0330 400 4499
