Contentious Probate

Our specialist contentious probate and will dispute solicitors are here to help families and individuals find a fair solution.

We're proactive

We don’t just look after you, we look out for you. That means we bring you insights, advice and keep you up to date on all kinds of legal matters so you can keep ahead.

We’re expert-led

We match a member of the team with the right expertise to every client, who will invest time getting to know you, who will look after your interests and ensure you have access to the whole firm when you need it.

We talk your language

The legal and financial matters might be complex, but we aim to keep things straightforward and explain everything in terms that are relevant to you.

Overview

Expert contentious probate solicitors

What is contentious probate?

Contentious probate means any dispute about how a person’s estate – that is their money, property or other possessions – is passed on to other people after they die. It includes, but is not limited to, contesting a will and sometimes there is no will – if the dispute involves an intestate estate.

We are here to help

Estates are sometimes extremely complex, for example, if there are international assets, several properties, blended family arrangements or wealth structures which incorporate trusts. Added to that, it’s often difficult handling the death of someone you know and may be close to and disputes make it so much worse.

We have many years of experience of handling these matters and we aim to keep upset to a minimum where possible. We can help you with disputes whether you are the executor, the beneficiary of the will or you expected to be a beneficiary of the will whether you are making a claim or need to defend one. We work for trustees including individuals, trust companies and other organisations such as charities.

Our team includes members of the Association of Contentious Trusts and Probate Specialists (ACTAPS) and the Society of Trust and Estate Practitioners (STEP).

How we can help

If you’d like to meet one of our experts for a confidential, no obligation chat, please get in touch.

We have offices across Cambridgeshire, Essex and Hertfordshire, but we can help you wherever you are in England and Wales.

Critical perspective on commercial inter-family issues being mindful of the niceties of how disputes can affect human issues.
Legal 500 UK, 2025

Contesting probate when there is no will

We can help you with a range of issues relating to there being no will including:

a partner who was not married to the deceased, who hasn’t been provided for
a child or another dependant who hasn’t been provided for
when a married partner who is now estranged has inherited – this can sometimes occur if someone dies unexpectedly
arguments over who should administer the estate.

Contesting probate includes many different types of disputes. Examples of contentious probate disputes, not limited to the will itself, include:

claims for ‘further provision’ where a person feels they should have been provided for, usually by a spouse, parent, adult child, or someone who was financially dependent on the deceased – under the Inheritance (Provision for Family and Dependants) Act 1975
trusts – where money and assets have been left in a trust, disputes over the ownership of the assets, which trustees are appointed, how the finances are managed on behalf of the beneficiaries
to honour a promise not reflected in the will, for example, where a person has worked on a farm for their lifetime under the promise it would be passed wholly or partly to them
to clarify a will’s meaning for example, where it is confusing
to rectify a will where there is a mistake in the will’s content for example, establishing correct ownership of a property
lifetime gifts – whether the person who has died was of sound mind at the time the gifts were made
challenging the appointment of an executor
removing an executor
mismanagement by an executor
managing disagreements between beneficiaries or between trustees
establishing the value of complex assets
lost and damaged wills
court applications, for example, to produce documentation or retrieve assets which were wrongly given
protecting the interests of vulnerable people unable to manage their own affairs
professional negligence claims.

Contact us today

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Telephone

0800 013 1165

Contentious probate FAQs

Can I contest a probate?

Yes, but to do so you need to be:

a beneficiary under either the current will or a previous will
someone who has an entitlement to administer the estate
a family member
someone owed money by the person who died
someone dependent financially on the person who died
someone who was promised something that you haven’t received.

Can I contest a probate before it is granted?

Take action quickly and ideally before probate has been granted and the estate distributed. A first step is to enter a caveat with the Probate Registry. The caveat lasts six months (and can be extended for another six months) and prevents probate being granted while the dispute is still unresolved.

Can you contest a will after probate?

Yes. However, it’s preferable to do it before assets have been distributed or disposed of. If you plan to challenge a will, you can get a caveat on the estate first, which prevents probate being issued, thus buying you and your legal adviser more time.

After probate it is important to act as quickly as possible as the assets may already have been distributed. Additionally, there may be some time limits on a claim: fraud claims have no time limit but claims under the Inheritance Act 1975 are limited to six months from the grant of probate. Time limits are governed by legislation and depend on the type of claim. This is a complex area and you should get expert legal help as soon as possible.

Which court deals with contentious probate?

The High Court. The probate jurisdiction of the High Court is divided between the Family Division and the Chancery Division. The Family Division deals with non-contentious or common form probate business and the Chancery Division deals with contentious or solemn form probate business such as asking the court to approve a will to avoid further dispute. The Probate Registry deals with issues concerning caveats.