The probate process is often straightforward - carry out a deceased person's wishes as outlined in their valid will or in accordance with the rules of intestacy, distribute their assets and settle outstanding matters without any opposition. However, things aren't always that simple. When beneficiaries believe there is something amiss - be it concerns over the deceased's mental capacity, suspicions of undue influence or disagreement over whether someone has received a reasonable financial provision - probate cases can escalate into serious disputes. This is what we call ‘contentious’ probate.

If you're involved in such a dispute, the Switalskis team is here to help. Let's start by explaining some of the common causes of contentious probate that we see, and what avenues are available to you when such disagreements arise.

What causes contentious probate disputes?

Concerns over the validity of a will : if someone has reason to believe the person who made the will lacked the mental capacity to understand what they were doing, was coerced into changing their wishes (known as undue influence) or if the will was not properly signed, they may have grounds to challenge. These are only some of the grounds to challenge a will, and claims are often possible for other reasons.

Claims under the Inheritance Act 1975 : the Inheritance Act allows certain individuals - such as civil partners, spouses, children (sometimes including stepchildren), cohabitees and dependants - to make a claim if they haven't received reasonable financial provision from the deceased person's assets. These cases often depend on factors like the individual's financial needs, the size of the estate and whether there were any lifetime gifts made that affected the overall distribution.

Disputes with executors : executors have important responsibilities to fulfil and decisions to make during the probate process. If you believe that an executor has neglected certain duties or made irresponsible financial decisions, you may be able to issue a challenge on these grounds.

Trust disputes : some estates or assets are managed by trusts, which may act at their own discretion or under the specific directions of the person who died. When trustees cannot reach an agreement on specific points or act against the conditions of the trust documents, legal action may be taken.

What causes contentious probate disputes when there is no will?

When someone dies without leaving a valid will, their estate is distributed under the rules of intestacy. These rules do not account for individual circumstances and often lead to legal disputes among family members. In this context, contentious probate refers to challenges involving how the deceased’s estate should be divided in the absence of a will.

Common issues include disagreements about who should act as administrator, concerns over how assets are being managed, and inheritance disputes involving unmarried partners, minor children, stepchildren, or others excluded under intestacy rules. In these situations, Inheritance Act claims may be available to those who were financially dependent on the deceased.

How can contentious probate proceedings be resolved?

This will depend on the nature of the dispute and the willingness of those involved to engage with the legal process. In many cases, solicitor-led negotiation offers a practical starting point. This allows parties to reach an agreement without the need for formal proceedings, which can help preserve relationships between family members.

Mediation is another option. This involves a neutral third party who works with both sides to find a mutually acceptable solution.

If these options fail to resolve the dispute, the matter usually proceeds to court. This may be necessary where serious concerns exist around the validity of a will or the administration of the deceased’s estate. However, the formal legal process tends to take longer to resolve, and costs more. So where possible, the team at Switalskis will explore all possible options before taking this route. 

When can I make a contentious probate claim?

If you have a legal right or interest in a deceased person’s estate, you may be able to bring a contentious probate claim. This typically includes:

• Named beneficiaries who believe the will is invalid or that their inheritance is at risk.
• Family members, including spouses, civil partners, children (often including stepchildren), and financial dependents who feel they have not received a reasonable financial provision under the Inheritance (Provision for Family and Dependants) Act 1975.
• Executors or administrators who are facing disputes over their handling of the estate, or who believe the will is invalid.
• Creditors who were owed money by the deceased and need to make a claim against the estate.

How long does a contentious probate dispute take?

Some cases, where the involved parties are willing to sit down and settle things through professional advice and negotiation, things can be resolved in a matter of months. If mediation is involved, this will extend the timeframe to allow each side to prepare their case and narrow down the issues in dispute. Where a full court action is required to resolve things, it is possible for a contentious probate case to take several years 

The contentious probate team at Switalskis always seeks to resolve matters in the most cost and time efficient manner, and if at all possible without resorting to the courts - this often offers a better chance of family members being able to mend personal relationships once the dust has settled. In many cases, solicitor-led negotiation and mediation often lead to agreements - even where this didn't seem possible at first.

How can I prevent inheritance disputes occurring after I pass away?

While no approach guarantees the avoidance of legal disputes, some steps can reduce the risk of matters becoming contentious later. Making a clear, valid will with the support of experienced probate lawyers is one of the most effective ways to protect your wishes and avoid uncertainty.

Updating your will regularly to reflect changes in your personal or financial circumstances can also help. It may also be helpful to leave a written explanation of your decisions or to speak with family members about your intentions during your lifetime. Taking early legal advice on gifting, trusts or financial provision can also reduce the chance of future inheritance disputes.

Who is responsible for costs?

The court has discretion when deciding who should bear the legal costs of contentious probate proceedings. In some cases, the losing party may be ordered to pay the legal costs of the other side. In others, the court may decide that the costs should come out of the deceased’s estate, particularly where the legal dispute arose from unclear instructions or errors in the will.

If a person brings or defends a claim unreasonably, they are more likely to face adverse costs consequences. Early legal advice can help all parties understand the likely cost implications of pursuing or defending contentious probate proceedings and may help avoid unnecessary litigation.

How Switalskis can help

Being frozen out of a will, or believing someone you care about has been coerced into signing important documents during their most vulnerable time, is a horrible situation to find yourself in. Fortunately, the contentious probate solicitors at Switalskis have extensive experience dealing with these complex cases - and know how to guide you towards a fair and just resolution.

We'll always look to mediation first, but should court proceedings be required we'll be there to fight your corner and seek the result you deserve, so you can move forward with your life.

To talk with one of our probate specialists, contact us today on 0800 138 0458 , or get in touch through the website.