Contentious probate involves disputes that arise during the administration of a deceased person’s estate. This can include disagreements over the validity of a will, the way an estate is distributed and/or how executors are handling their responsibilities. These disputes often occur between family members or other beneficiaries and can be emotionally and legally complex.

At Wellers, we provide clear, strategic advice to help clients resolve contentious probate matters efficiently and with sensitivity.

Challenging a will is one form of contentious probate. It specifically refers to questioning whether a will is legally valid, perhaps because the person who made it lacked capacity, was pressured, or did not follow legal formalities.

Contentious probate, on the other hand, includes a broader range of issues such as concerns about the conduct of executors, disputes between beneficiaries, misuse of funds or claims under the Inheritance (Provision for Family and Dependants) Act 1975. If you’re unsure where your issue fits, we’re happy to have an initial consultation.

Costs can vary depending on the nature and complexity of the dispute. Some cases can be resolved through negotiation or mediation, which is generally more cost-effective, while others may require court proceedings.

At Wellers, we always provide a clear cost estimate at the outset and keep you updated throughout. In some cases, we may offer deferred fees or consider alternative fee arrangements depending on the merits of the case.

Yes, many types of contentious probate claims are subject to strict time limits. For example, claims under the Inheritance (Provision for Family and Dependants) Act 1975 must generally be issued within six months of the grant of probate. Other claims, such as challenging the validity of a will, may not have a defined time limit, but delay can still weaken your position.

If you’re concerned about an estate or a will, it’s vital to act quickly. Our team can advise you immediately to ensure your rights are protected.

You can contest probate at any time before the estate has been fully distributed. However, the longer you wait, the more difficult it may become to reverse decisions or recover assets. If probate has already been granted, it may still be possible to challenge the will or bring a claim, but you’ll need strong legal grounds.

We recommend seeking legal advice as early as possible to avoid unnecessary complications.