Contentious Probate – Challenging a Will or Inheritance UK

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Contentious Probate: How to Challenge a Will or Inheritance Dispute in the UK

By Lucy Batstone on July 22, 2025

How to contest a will

Advice On How to Challenge a Will or Inheritance in the UK

If you’ve lost a loved one and believe their will is invalid or you’ve been unfairly left out of their estate, you may be able to make a contentious probate claim.

At OLS Solicitors, we help people resolve inheritance disputes quickly, sensitively, and with clear legal advice.


What Is Contentious Probate?

Contentious probate refers to legal disputes about how a deceased person’s estate is administered. This can happen when:

  • The will is believed to be invalid
  • You haven’t been reasonably provided for under the Inheritance (Provision for Family and Dependants) Act 1975
  • There’s suspicion of undue influence, fraud or lack of mental capacity
  • There are delays or concerns about executor misconduct
  • The deceased died without a will (intestate) and you want to make a claim

Common Types of Inheritance Disputes

These are the most common reasons for challenging a will or inheritance:

1. Challenging the Validity of a Will

You may be able to contest a will if:

  • It wasn’t properly signed or witnessed
  • The person lacked mental capacity
  • They were under undue influence
  • There’s evidence of fraud or forgery

2. Inheritance Act Claims

If you were financially dependent on the deceased and weren’t reasonably provided for, you may have a claim. This applies to:

  • Spouses and civil partners
  • Former spouses who haven’t remarried
  • Children and stepchildren
  • Cohabiting partners (2+ years)
  • Anyone financially supported by the deceased

3. Executor Disputes

  • Delays in distributing the estate
  • Lack of transparency or communication
  • Executors not acting in the estate’s best interest

4. Beneficiary Disputes

  • Arguments over asset valuations
  • Disputes about how property or money is divided
  • Different interpretations of the will

The Process for Making a Claim

Here’s how contentious probate claims typically work:

  1. Get legal advice – Act fast. You usually have 6 months from the grant of probate to claim under the Inheritance Act.
  2. Case assessment – We review the will, your relationship to the deceased, and supporting evidence.
  3. Letter of claim – We set out your position in writing to executors or other parties.
  4. Mediation or negotiation – Many cases settle out of court.
  5. Court proceedings – If needed, we’ll guide and represent you throughout the litigation process.

Our aim is always to resolve disputes with minimum stress and preserve family relationships where possible.


Who Can Contest a Will?

You may have legal standing to bring a claim if you are:

  • A spouse or civil partner
  • A former spouse who hasn’t remarried
  • A child or stepchild
  • A cohabiting partner (2 years or more)
  • Anyone who was financially dependent on the deceased
  • Someone who was excluded from the will or expected to inherit more

Get Expert Advice from OLS Solicitors

If you believe a will is unfair or invalid, or you’re involved in an estate dispute, our contentious probate team is here to help.

We provide clear legal advice, practical solutions, and work towards fair outcomes.

📞 Call us: 01554 756952
📧 Email: [email protected]
🌐 Visit: www.ols-solicitors.co.uk
📍 Offices in: Llanelli & Swindon

👉 Contact us today to speak with a specialist contentious probate solicitor.

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    Author

    • Lucy batstone child dispute lawyer

      Lucy is a Chartered Legal Executive specialising in divorce, financial settlements, private children matters, and life planning services including Lasting Powers of Attorney, wills, and probate. Known for her analytical approach and practical advice, she helps clients navigate complex situations with clarity and care. Outside of work, Lucy enjoys life in the countryside with her husband and a lively collection of animals.

      Chartered Legal Executive

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