Contentious probate—client guide
Contentious probate—client guide

The following Wills & Probate precedent provides comprehensive and up to date legal information covering:

  • Contentious probate—client guide

This document provides general guidance regarding some of the key issues in bringing a contentious probate claim.

Your specialist Private Client practitioner will be able to provide tailored advice based on your personal circumstances.

What is contentious probate?

Losing someone you love is one of the most difficult experiences in life. It can be made even harder if you think there is a problem with their Will or the disposition of their estate, or if a family member challenges a Will that you are sure is valid.

Contentious probate is a dispute, often between family members, over a person’s estate following their death.

These disputes are generally divisive and emotional as they concern family. They are also increasingly common as people are more aware of their legal rights and more willing to litigate over them. The value of estates have also increased as property prices have risen and family structures are often more complicated than they used to be, for example, with children from different relationships.

A dependant can also bring a claim for provision from the deceased’s estate if it did not make reasonable financial provision for them under the Inheritance (Provision for Family and Dependants) Act 1975. See Precedent: Family provision claim—client guide.

Legal grounds to challenge a Will

There are various grounds on which to challenge the validity of a Will, including:

  1. the deceased person did not have the

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