Wills, Inheritance Disputes and Contentious Probate

If you are worried about a Will, concerned about the way an estate is being administered, or believe something is not right after someone has died, it can be difficult to know what to do next.

Probate disputes are often emotionally challenging as well as legally complex. They frequently involve close family members, long-standing relationships and deeply held expectations about what should happen. Alongside the legal considerations, there are often personal and emotional factors to take into account.

It is not always clear whether your concerns amount to a legal issue or simply a difference of opinion. Many people are unsure whether they have grounds to challenge a Will, question the way an estate is being managed, or take further action.

At Nash & Co, our role is to provide clear, practical guidance. We help you understand your legal position, explain the options available, and support you in deciding what to do next in a way that feels right for you.

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Inheritance disputes and contentious probate: what's the difference?

You may have heard the terms inheritance disputes and contentious probate used when people disagree about a Will or what should happen to someone's estate after they have died.

Although they are often used interchangeably, contentious probate is the legal term used to describe a wider range of disputes involving a deceased person's estate. Inheritance disputes generally refer to disagreements about who should inherit, how much they should receive or whether someone has been unfairly left out of a Will.

Both can involve challenging the validity of a Will, making a claim against an estate or raising concerns about how an estate is being administered.

Whatever term you use, the important thing is understanding whether you have a legal basis for raising your concerns, what options are available and how the situation might be resolved.

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What is contentious probate?

Contentious probate refers to disputes concerning a person's estate after their death.

These disputes can arise for a number of reasons. There may be questions about whether a Will is valid, concerns about how it was prepared or signed, or issues with the way the estate is being administered. In some cases, individuals believe they have not received reasonable financial provision from an estate.

While the legal framework can be detailed, the underlying concern is often straightforward: whether the estate is being handled properly and whether the outcome reflects what the law requires.

Where necessary, contentious probate provides a legal route to challenge or resolve these issues.

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Common situations where probate disputes arise

Contentious probate covers a wide range of disputes that can arise after someone has died. Some of the most common include:

Concerns that a Will does not reflect the person's true wishes.
Questions about whether the person had the mental capacity to make or change their Will.
Concerns that someone was pressured or influenced into making or changing a Will.
Problems with the way a Will was signed or witnessed.
A spouse, partner, child or dependant believing they have not received reasonable financial provision from an estate.
Disagreements between executors and beneficiaries about how an estate is being administered.
Concerns about delays, poor communication or decisions made during the administration of an estate.
Situations where relationships have broken down and appointing an independent professional executor may help move matters forward.

Every estate is different. Understanding the nature of the dispute at an early stage can help clarify whether there is a legal issue, what options are available, and how the matter can be resolved as effectively as possible.

When can a Will be challenged?

A Will can only be challenged on specific legal grounds. It is not enough for it to seem unfair or unexpected.

One common ground is lack of mental capacity, where there are concerns that the person making the Will did not fully understand what they were doing. This can arise, for example, where there were underlying health conditions affecting their decision-making.

Another is undue influence, where someone may have been pressured into making decisions that did not reflect their true wishes. These cases can be difficult to prove and often depend on the surrounding circumstances.

There may also be issues with how the Will was prepared or executed. For a Will to be valid in England and Wales, it must meet certain formal requirements, including being properly signed and witnessed.

Each situation depends on its facts. Taking advice can help you understand whether there is a realistic basis for a challenge, what evidence may be needed, and the options available to you.

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Claims for reasonable financial provision

Even where a Will is valid, some individuals may still be able to bring a claim if reasonable provision has not been made for them.

Under the Inheritance (Provision for Family and Dependants) Act 1975, certain categories of people, including spouses, children, cohabiting partners and financial dependants, may apply to the court for provision from the estate.

These claims often arise where someone has been left out of a Will, or where the provision made does not reflect their needs or relationship with the deceased. Such claims can also arise where an individual has died without making a Will and the intestacy rules do not produce an appropriate outcome.

The court will consider a range of factors, including the financial circumstances of those involved, the size of the estate, and the nature of the relationship with the deceased. These cases require a careful and balanced approach.

At Nash & Co Solicitors, we will always take the time to understand your circumstances and the wider context of your claim. We will explain your position clearly, advise you on the options available, and support you in deciding how best to proceed. Where possible, we aim to resolve matters constructively. Where formal action is required, we will guide you through the process with clarity and care.

Disputes between executors and beneficiaries

Not all probate disputes relate to the validity of a Will. Concerns can also arise during the administration of an estate.

Executors are responsible for administering the estate, including collecting assets, settling liabilities and distributing the estate to beneficiaries. While this is often carried out without difficulty, disagreements can sometimes develop.

These may involve delays, a lack of communication, or decisions that do not appear to be in the best interests of those involved. Beneficiaries may feel uncertain about what is happening or question whether the estate is being administered properly.

In many cases, these concerns can be resolved through clarification and communication. Where they cannot, further legal steps may be required.

At Nash & Co, we help bring clarity to these situations. We will review what has happened, explain whether the executor's actions are appropriate, and advise you on the options available. Where possible, we support a constructive resolution. If formal action is required, we will guide you through the process in a clear and measured way.

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The importance of a neutral executor

An executor has a legal duty to administer the estate in the best interests of the beneficiaries and in accordance with the terms of the Will. This requires them to act impartially, even where they are also a beneficiary or have close personal relationships with those involved.

In many estates, executors are family members who carry out their responsibilities without difficulty. However, where relationships have broken down or there is an ongoing dispute between beneficiaries, maintaining neutrality becomes particularly important. Decisions that appear to favour one party over another, even if made with good intentions, can undermine confidence in the administration of the estate and increase the likelihood of further conflict.

A neutral approach helps ensure that decisions are made objectively, communication remains transparent and all beneficiaries are treated fairly. Where concerns arise about an executor's conduct, obtaining early legal advice can help clarify whether their actions are consistent with their legal duties and what options may be available if they are not.

When an independent professional executor may be appropriate

In some estates, disagreements between executors or beneficiaries become so entrenched that the administration of the estate is delayed or risks becoming increasingly contentious. In these circumstances, appointing an independent professional executor or administrator can provide a practical way forward.

This appointment can often be made after the testator has died, with the agreement of the existing executors, who may choose to appoint a solicitor or other suitably qualified professional to take over the administration or act in their place. An independent professional has no personal interest in the outcome and can make decisions objectively, helping to restore confidence in the administration of the estate.

Professional executors are experienced in dealing with complex and disputed estates. They can manage communications between the parties, ensure legal obligations are met, and progress the administration efficiently while reducing the scope for further disagreement. Where relationships have broken down or trust has been lost, an independent appointment can often help prevent disputes from escalating and allow the estate to be administered in accordance with the law and the deceased's wishes.

At Nash & Co, we can act as an independent professional executor where this is appropriate. If it is agreed that an independent appointment would help move the administration forward, we can take on responsibility for administering the estate impartially and in accordance with the law. Our role is to provide objective decision-making, manage the administration efficiently, and help reduce conflict between those involved, allowing the estate to be administered with confidence and transparency.

We’ll explain your options to you, with absolutely no pressure to proceed

Can probate disputes be resolved without going to court?

Not every probate dispute needs to result in formal legal proceedings.

Many issues can be resolved through discussion, negotiation or mediation. This approach is often quicker, less stressful and can help preserve relationships where possible.

However, there are situations where formal action is necessary, particularly where time limits apply or where a legal position needs to be protected.

Our role is to help you understand the options available, explain the likely outcomes and support you in deciding how best to proceed.

Why are contentious probate cases often complex?

Contentious probate matters often involve a combination of legal, practical and personal factors.

From a legal perspective, they may require detailed consideration of evidence, such as medical records or witness accounts. At the same time, they frequently involve close family relationships, which can make matters particularly sensitive.

There are also procedural considerations, including strict time limits for certain claims.

A clear and considered approach is important to ensure that both the legal and personal aspects of the dispute are handled appropriately.

Our specialist solicitors understand the complexities these cases can present. We take the time to assess both the legal position and the wider context, providing clear guidance so you can move forward with confidence and make informed decisions at every stage.