Wills, trusts and probate
Contentious probate
Expert legal advice on disputes over wills, estates & inheritance
If you are involved in a dispute over a will or estate, you are not alone. Contentious probate claims are increasingly common, often arising during already difficult and emotional circumstances.
At Howells Solicitors, our specialist contentious probate solicitors provide clear, strategic advice to help you protect your interests, challenge unfair outcomes, and resolve disputes efficiently.
Whether you are contesting a will or defending a claim, we can guide you through every step.
Meet the team
Mark Woloshak
Senior Associate Solicitor and Head of Litigation
Dispute Resolution
Litigation
02920 437495
Get in touch
Why Howells
We combine technical legal expertise with a sensitive, client-focused approach.
- Recognised expertise in contentious probate work
- Experienced in both claimant and defendant cases
- Clear, practical advice tailored to your situation
- Strong track record of resolving disputes efficiently
We provide
- Early case assessment and strategy
- Negotiation and mediation to avoid court
- Urgent action to protect estate assets
- Representation in High Court litigation where necessary
Funding your claim
We provide a complete, start-to-finish service tailored specifically for new build pWe offer a range of funding options depending on your case:
- Fixed fees (where appropriate)
- Hourly rates
- Conditional fee agreements (in some cases)
We will always discuss costs transparently from the outset.
When can you challenge a will?
Lack of mental capacity – The person who made the will did not fully understand what they were signing.
Undue influence – The will was made under pressure, coercion, or manipulation.
Lack of proper formalities – The will was not correctly signed or witnessed.
Fraud or forgery – There are concerns about authenticity.
Unreasonable financial provision – You have not been fairly provided for under the will.
Time limits for contesting a will
Strict deadlines apply:
- Inheritance Act claims: Usually within 6 months of probate
- Fraud or validity claims: No fixed limit, but delay can harm your case
Taking early legal advice is essential to protect your position.
Other types of contentious probate disputes
Our solicitors regularly handle:
- Disputes between executors and beneficiaries
- Claims involving trusts
- Proprietary estoppel (broken promises of inheritance)
- Executor misconduct or removal
- Disputes over estate administration
- Negligence claims against will writers or solicitors
(Content breadth here is critical — your competitor ranks partly because they show full-service coverage.)
Claims under the inheritance act 1975
If you were financially dependent on the deceased, you may be able to bring a claim under the Inheritance (Provision for Family and Dependants) Act 1975.
This applies to:
- Spouses or civil partners
- Former spouses
- Children
- Cohabiting partners
- Financial dependants
These claims focus on whether reasonable financial provision has been made.
What is contentious probate?
Contentious probate refers to any legal dispute relating to a person’s estate after their death. This can include challenges to the validity of a will, disagreements over how an estate is distributed, or disputes involving executors or trustees.
These disputes can be complex and time-sensitive, particularly where assets are at risk or relationships between beneficiaries have broken down.
Other frequently asked questions
Can I contest a will after probate has been granted?
Yes, it is still possible to contest a will after probate has been granted, but you must act quickly. Once probate is issued, the estate can begin to be distributed, which may make recovery of assets more difficult. In some cases, the court can intervene to pause or reverse distributions, but delays can weaken your position. Seeking early legal advice is essential to protect your claim and prevent assets from being dissipated.
What are the grounds for contesting a will?
A will can be challenged on several legal grounds. The most common include lack of testamentary capacity (where the person did not understand the will), undue influence (where they were pressured), lack of valid execution (the will was not properly signed or witnessed), and fraud or forgery. In addition, you may be able to bring a claim if the will does not make reasonable financial provision for you under the Inheritance Act 1975.
Who can contest a will in the UK?
Not everyone has the right to contest a will. Typically, those eligible include spouses, civil partners, children, cohabiting partners, and individuals who were financially dependent on the deceased. Others may be able to challenge a will if they have a direct financial interest in the estate, such as beneficiaries under a previous will.
What is the time limit for making a claim?
Time limits depend on the type of claim. For claims under the Inheritance (Provision for Family and Dependants) Act 1975, you generally have 6 months from the date probate is granted. Other claims, such as those involving fraud or disputes over validity, may not have strict deadlines but should still be pursued promptly. Delays can seriously impact the success of your case.
How long does a contentious probate case take?
The length of a case varies depending on its complexity and whether it settles early. Straightforward disputes may be resolved within a few months, particularly if negotiation or mediation is successful. More complex cases involving multiple parties or court proceedings can take a year or longer. Early legal advice often helps speed up resolution.
Will I have to go to court?
Not necessarily. Many contentious probate disputes are resolved through negotiation, mediation, or other forms of alternative dispute resolution. Courts generally encourage parties to settle disputes without litigation where possible. However, if an agreement cannot be reached, court proceedings may be required to achieve a final resolution.
How much does it cost to contest a will?
Costs vary depending on the complexity of the dispute and how it is resolved. Simple cases that settle early are usually less expensive, while contested court proceedings can increase costs. Funding options may include hourly rates, fixed fees for certain work, or conditional fee agreements in appropriate cases. A solicitor will discuss costs clearly at the outset.
What happens if someone dies without a will?
If a person dies without a valid will, their estate is distributed according to the rules of intestacy. This can often lead to disputes, particularly where family members or dependants feel the outcome is unfair. Claims can still be brought under the Inheritance Act if reasonable financial provision has not been made.
Can I challenge a will if I was excluded?
Yes, being excluded from a will does not automatically prevent you from making a claim. If you were financially dependent on the deceased or fall within the categories protected under the Inheritance Act, you may be able to challenge the will on the basis that it does not provide reasonable financial provision.
What should I do if I think a will is unfair?
If you believe a will is unfair or invalid, you should seek legal advice as soon as possible. A solicitor can assess your situation, explain your options, and take steps to protect your position — including preventing the estate from being distributed if necessary.
Speak to a contentious probate solicitor today
If you are facing a dispute over a will or estate, early legal advice can make a significant difference.
Call us today. Our team is ready to help you take the next step with confidence.
