How does contentious probate differ from non-contentious probate?

Contentious probate is where a person has a dispute over the validity, or the interpretation of a deceased person's Will. Non-contentious probate is where all the people involved are working towards the same goal and there is no dispute or disagreement about the Will. The difference is that non-contentious probate does not involve a dispute.

What happens if I don't choose to defend contentious probate?

It is not possible to prevent someone from contesting a will. To protect your own interests, you should defend contentious probate. Or else, the contentious probate dispute might be decided by a court without your input. It is recommended that you seek legal advice to understand how to defend a contentious probate as soon as you can.

How long do I have to make my contentious probate claim?

There is a 6 month time limit for bringing most types of contentious probate claims. However, if you are contesting a Will because you think there was fraud, there is no time limit. The court can also extend the time limit if there is a good reason for your delay (like not knowing the person has died, being misled or if you were away).

Dealing with Contentious Probate in 2024 [EXPLAINER]

Last updated:

March 07, 2024

Verified by Lawhive solicitors

Overview

Contentious probate describes when you have a dispute about how a person’s belongings are managed after their death.

DIY SCORE

1.4

COMPLEXITY

High

CASE LENGTH

20 Weeks

COST

What is Contentious Probate?

Contentious probate describes when you have a dispute about how a person’s belongings are managed after their death. Will disputes (which means challenging someone’s Will) fall under contentious probate. Contentious probate disputes usually occur when you feel like you have been unfairly left out of a Will or haven’t received what you are entitled to in the Will.

Types of contentious probate disputes include:

A disagreement on how the Will has been interpreted
A disagreement over whether a Will is valid. This is often about you arguing that the deceased wasn’t able to understand what their Will meant or that they were influenced to write their Will in a certain way. This can also be about fraud, forgery or there not being correct signatures or two witnesses to the Will.
A disagreement about incorrect execution of the Will. This happens when the executor of the will does not handle the deceased person’s belongings in the way it was stated in the Will.

People that can bring a contentious probate dispute:

The spouse or civil partner of the deceased
Child of the deceased
Stepchild of the deceased
Dependant of the deceased
Someone who lived in the same home as the deceased as if they were a married couple or civil partners

Contentious probate disputes can be an emotional process and often involve expensive assets. You should seek a solicitor’s advice so that your contentious probate dispute can be handled by skilled professionals.

Do I need a solicitor?

It is recommended that you seek legal advice when looking to resolve (or defend) a contentious probate dispute. See below for details.

DIY Score:
1.4

/ 5

You'll likely need a solicitor for a contentious probate

How do I get solicitor help?

Solutions

Mediation

£250

A few weeks

Mediation is a formal meeting where you and the other side discuss the issues involved. An independent third party will try to help you agree and come to a solution. If you reach an agreement during mediation, it will be written down in a settlement agreement. Mediation helps resolve contentious probate disputes faster and at a lower cost. You should hire a contentious probate solicitor to represent you and help talk you through mediation.

Going to Court

£300 - £10000

6 months to 1 year

If your dispute cannot be resolved through mediation, you can take your issue to court which will make it a civil case. You will need to hire a solicitor to represent you and make the relevant court applications. This is the most expensive solution to a contentious probate dispute but is the most common and reliable option.

What steps are involved?

Step 1

Seek a Solicitors Advice

You should seek legal advice from a solicitor immediately. A solicitor will let you know if you have a valid claim and help you understand what you need to do. It is important to show your solicitor any evidence that might help your case.

Step 2

Initial Letter

Your solicitor will write a formal letter to the other side explaining your claim. The other side will have the opportunity to respond to your letter. If the other side accepts your claim (for example if they agree that the Will is invalid), then your solicitor will submit this information to the Probate Registry. This will make sure that the estate will not be distributed. If the other side responds to the letter telling you that they do not agree to your claim, you will have to decide how you want to resolve the dispute.

Step 3

Mediation

You can choose to resolve your contentious probate dispute through mediation. If you and the other side have come to an agreement during mediation, this will be noted down in a settlement agreement. Your solicitor might then follow up by making an application to the court to confirm the position that you and the other side have agreed on.

Step 4

Going to Court

Going to court will be the only option if you and the other side cannot agree on how to solve your contentious probate dispute. Your solicitor will make an application to the court and help you build your case. Going to court can be a lengthy and expensive process. There might be multiple trials you have to attend depending on the complexity of the case and the amount of push back from the other side. The Court will make a decision based on the evidence you provide and the validity of the Will.

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Rating

4.8

Evidence and documentation

Evidence

Will
Explanatory Statement to the Will

Documentation

Proof of Identity (like a birth certificate or driver's licence)
Marriage Certificate

Next steps in starting your case

Cost

Resolving a contentious probate dispute at the initial letter stage is the cheapest option, which ranges around £149 to £500.
Mediation costs are generally around £250.
Going to court is the most expensive option, costs vary on a case by case basis. You can speak with a solicitor through Lawhive to receive a quote.

Factors that effect cost

Size of the estate.
Whether estate includes international assets, trusts or rural property.
Level of cooperation from other people involved.
Whether you choose to go to court or not.

Time

Simple contentious probate disputes can be resolved in less than 3 months.
Contentious probate disputes about large or complex estates can take between 6 months to a year to resolve.

Factors that effect time

Whether the estate includes international assets, trusts or rural property.
Availability of evidence.
Whether you choose to go to court or not.
Level of cooperation from the people involved.
Size of the estate.

FAQs

Jump to:

Information about contentious probate

Overview

About

Do I need a solicitor?

Solutions

What steps are involved?

Things you'll need to start your case

Evidence and documentation

Cost

Time

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FAQs

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