When a family disputes a will, a trust, or the handling of someone’s property after death, the resulting conflict is known as “contentious probate”. Anyone with a legitimate interest in the deceased’s estate may become involved – including children, spouses, unmarried partners, charities, or the executors themselves.
Below we explain the grounds for:
- challenging a will;
- how claims for financial provision work;
- what beneficiaries can do about an unresponsive executor;
- and the key deadlines that apply.
What is contentious probate?
Contentious probate is the term used to describe legal disputes involving wills, trusts, and the administration of an estate. When no one objects, obtaining probate is largely a matter of administration: assets are gathered, debts and taxes settled, and the remaining estate is distributed to those entitled. But formal objections change the process entirely, bringing the matter under Part 57 of the Civil Procedure Rules.
Common examples of contentious issues include:
- Challenges to the validity of a will
- Claims by relatives or dependants who received nothing or too little
- Disputes between personal representatives and beneficiaries
- Allegations of improper conduct by a trustee
- Suspicions of estate mismanagement or misuse
- Breach of lifetime promises about inheritance that were not reflected in the final will
In general, any situation involving unfairness or a breakdown of trust in the handling of an inheritance falls within the realm of contentious probate.
Disputes over how assets held overseas should be dealt with can add a further layer of complexity.
Grounds for contesting a will
A will can be declared invalid if it fails to meet legal requirements.
Lack of testamentary capacity
The testator must have understood the nature of making a will, the extent of their property, and who might reasonably expect to benefit. Courts apply the Banks v Goodfellow [1870] LR 5 QB 549 test, and the “golden rule” from Kenward v Adams advises that a medical opinion should be obtained when a client is elderly or unwell. Lack of such evidence can create legal difficulties.
Want of knowledge and approval
The testator must know and approve the contents of the will. Suspicion arises when a vulnerable or visually impaired person signs a complex document they may not have read, especially if the main beneficiary prepared it.
Undue influence
Undue influence requires proof that the testator was coerced to the point where their own wishes were overborne. This is a high threshold, and often proven through circumstantial evidence, as such conduct rarely occurs in the presence of witnesses.
Improper execution
Section 9 of the Wills Act 1837 requires a will to be in writing, signed by the testator or by another person in the testator’s presence and at their direction, witnessed by two people present at the same time, and attested by both. Any failure at this stage voids the document, although courts may assume proper execution if an attestation clause is present.
Fraud and forgery
Claims that a will is fraudulent or forged are rare, but handwriting analysis and digital metadata can be decisive. A valid will may also be invalidated by a later document, destruction, or automatically through marriage under section 18 of the Wills Act 1837.
Inheritance Act claims: when reasonable provision has not been made
Some claimants accept the will is valid but argue it left them without adequate support. Under the Inheritance (Provision for Family and Dependants) Act 1975, the court can redistribute the estate in favour of six categories:
- Spouses and civil partners
- Former spouses or civil partners who have not remarried
- Cohabitants who lived with the deceased as if married for at least two years.
- Biological and adopted children, whatever their age
- Anyone treated as a child of the family, such as a stepchild.
- Those financially maintained by the deceased immediately before death.
Family ties are not a requirement. Spouses are assessed generously, with the court considering what would be reasonable regardless of financial need. Others must show their share falls short of reasonable maintenance. Ilott v The Blue Cross [2017] UKSC 17 confirmed estranged adult children can succeed, while upholding the principle of testamentary freedom. Claims must be made within six months of the grant.
Disputes between executors and beneficiaries
Executors and administrators have legal duties to all entitled beneficiaries. Delay, silence, or self-dealing can prompt remedies. Personal representatives are generally allowed an “executor’s year” from the date of death in which to administer the estate and are not ordinarily bound to distribute before that period expires.
Where trust has broken down, options include:
- Requesting full estate accounts
- Sending a *Larke v Nugus* letter to the drafting firm for its records
- Applying for an inventory under section 25 of the Administration of Estates Act 1925
- Applying to remove or replace an executor under section 50 of the Administration of Justice Act 1985, or to reject a proposed appointee.
Removal is not taken lightly. Courts focus on the welfare of all beneficiaries, and personal hostility alone is rarely sufficient.
Trust disputes and proprietary estoppel
Many wills establish ongoing structures, such as life interests for a surviving spouse, discretionary funds for grandchildren, or protections for vulnerable relatives. Trustees must act fairly, and tensions often arise between life tenants and remaindermen. Unauthorised investments, undisclosed conflicts, or payments outside the will’s terms can lead to claims.
Lifetime assurances may also bind an estate. Proprietary estoppel claims require proof of a clear promise, reasonable reliance, and resulting detriment, all of which are harder to dispute where a declaration of trust exists. Farming families are a common area for such disputes: Guest v Guest [2022] UKSC 27 involved a son who worked for years expecting to inherit.
What happens without a valid will?
Intestacy rules determine the distribution of the estate. A surviving spouse receives personal effects, a fixed legacy, and half the residue if there are children, with the children sharing the rest. Unmarried partners inherit nothing automatically, regardless of the length of the relationship, which is why cohabitants often pursue claims under the 1975 Act. A cohabitation agreement does not cure that, but it does document what was intended.
Time limits
Time limits vary depending on the type of claim:
- Financial provision under the 1975 Act: six months from the grant.
- Claims to recover personal property: generally twelve years from when the entitlement arose.
- Fraudulent breach of trust or recovery of misappropriated trust property: no statutory time limit.
- Professional negligence against a will draftsman: six years from the breach, or three years from when the claimant became aware of it.
- Challenges to validity: no fixed period, although delay may bar relief once assets are distributed.
How are inheritance disputes resolved?
Court action is typically considered the last resort. Most disputes are resolved through correspondence between solicitors, a meeting, or formal mediation, which also offers confidentiality and the chance to preserve relationships. Trials, by contrast, are public and can involve sensitive family details.
Mediation often succeeds because it allows for creative solutions, such as deferred payments, transfers of specific items, or inheritance tax arrangements a court could not impose. Following Churchill v Merthyr Tydfil County Borough Council [2023] EWCA Civ 1416, courts may require parties to consider non-court dispute resolution.
Speak to Heald Nickinson
When it comes to estate litigation, timely advice helps determine whether a claim has merit and whether potential recovery justifies the risk. Equally, executors accused of mismanagement and beneficiaries facing a challenge both need a strong protective strategy.
Our private client lawyers provide advice to both claimants and defendants across the full range of will, trust, and inheritance disputes. Contact us for a confidential conversation about your circumstances.