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Contentious probate covers all disputes about wills and estates — from challenges to will validity (capacity, undue influence, fraud) to claims for financial provision under the Inheritance Act 1975. Cases are heard in the Chancery Division and require specific legal grounds. Costs are very high; most disputes settle before trial.
When a person dies, their estate should pass according to their will — or, if there is no will, according to the intestacy rules. Sometimes, however, the way the estate is to be distributed is disputed. A family member may believe the will was made when the deceased lacked capacity, was under pressure from a third party, or may feel that reasonable financial provision was not made for them.
This guide introduces contentious probate — what it covers, the types of dispute, who can bring a claim, the courts involved, and the costs and timelines involved.
Contentious probate disputes fall into two main categories:
These are claims that a will should be declared invalid because of a legal defect. The recognised grounds in English law are:
For a detailed examination of all five grounds, see our guide on the grounds for contesting a will.
Under the Inheritance (Provision for Family and Dependants) Act 1975 (I(PFD)A 1975), certain categories of person can apply to the court for reasonable financial provision from an estate — even if the will (or the intestacy rules) provides nothing or too little for them.
These claims do not challenge the validity of the will — they accept the will as valid but argue that the provision made (or not made) is insufficient. For a full guide to Inheritance Act claims, see our Inheritance Act 1975 guide.
If you suspect a will is invalid or intend to bring an Inheritance Act claim, the immediate priority is to enter a caveat at the Probate Registry. A caveat is an instruction to the Probate Registry not to issue a Grant of Probate without first notifying you.
Key facts about caveats:
For a full guide to the caveat process, see our guide on how to enter a caveat at the Probate Registry.
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Contentious probate cases in England and Wales are heard in:
For Inheritance Act claims, the claim is generally issued in the court with jurisdiction over the deceased's last address in England and Wales.
Time limits vary by type of claim:
For a detailed guide to time limits, see our guide on time limits for contesting a will.
Contentious probate is expensive. Costs at a contested trial:
Most cases (around 70–80%) settle before trial, often through mediation. For a full guide to costs, see our guide on costs in contentious probate and our guide on mediation in estate disputes.
If you are considering a contentious probate dispute:
For the non-contentious probate process, see our complete UK probate guide and our guide on applying for probate.
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