Facing a Will or Inheritance Dispute?

Here’s what you need to know

Step-by-Step Guide:

Dealing with probate disputes can be emotionally and legally complex. This guide will help you understand what contentious probate involves, who can take action, and how our expert team at Wollens can support you through every stage.

Step 1: Understand What Contentious Probate Is

Contentious probate refers to disputes after someone dies, typically about:

• Who should inherit the estate
• Whether the will is valid
• How the estate is managed

Common types of disputes include:

• Challenges to a will’s validity
• Inheritance Act claims for financial provision
• Disputes between executors or beneficiaries
• Promises made about property that weren’t honoured

Step 2: Know Who Can Make a Claim

You may be able to contest a will if you are:

• A beneficiary in the current or a previous will
• Someone who would inherit under intestacy (if there’s no valid will)
• A spouse, partner, child, or dependent with a legal claim

Step 3: Identify Grounds for Challenge

Wills can be challenged for:

• Lack of mental capacity
• Undue influence or coercion
• Fraud or forgery
• Errors in how the will was signed or understood

Step 4: Enter a Caveat if Needed

A caveat stops the estate from being distributed while concerns are investigated. It lasts 6 months and can be renewed. It gives you time to request records (e.g. Larke v Nugus letter) and decide on next steps.

Step 5: Consider a 1975 Act Claim

If you were financially dependent on the deceased and left out of the will, the Inheritance (Provision for Family and Dependants) Act 1975 may allow you to claim “reasonable financial provision.”

Step 6: Look at Proprietary Estoppel Claims

Did someone promise you property, and you relied on that promise to your detriment? You may be able to claim under proprietary estoppel—particularly in farming or family business cases.

Step 7: Explore Mediation Options

Mediation is now strongly encouraged by the courts and can:

• Preserve more of the estate
• Provide a confidential setting
• Help families avoid expensive court battles

Step 8: Act Quickly

Time limits apply:

• 1975 Act claims: 6 months from the grant of probate
• Will challenges: No fixed limit, but faster is better
• Trust or land claims: May be longer, but delay risks fairness

How Wollens can help

We:

• Assess your position clearly and quickly
• Lodge caveats or injunctions to protect the estate
• Gather evidence and manage correspondence
• Negotiate or mediate where possible
• Litigate firmly when required

With offices across Devon and national expertise in contentious probate, Wollens offers calm, confident support when you need it most.

Contact us today

Speak to Craig Smith

Craig is a Partner at Wollens and can advise you. Contact Craig via email craig.smith@wollens.co.uk or call 01392 539204.

View Craig’s Profile

You can also complete an online enquiry form. One of the Wollens team will contact you as soon as they are available.