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23 Apr 2025
Losing someone close to you is difficult enough without the added stress of a dispute over their will or estate. Unfortunately, these situations do arise — and when they do, they are known as contentious probate.
What is Contentious Probate?
Contentious probate refers to legal disputes that occur after someone passes away. These often centre around the validity of a will or disagreements about how the estate is being handled. Emotions can run high, and the legal issues can be complex.
Some of the most common claims include:
- Challenges to the will – Questions about mental capacity, undue influence, or whether the will was properly signed and witnessed.
- Claims under the Inheritance Act 1975 – Certain individuals, such as spouses, children or dependants, may be entitled to claim if they believe the will (or the absence of one) fails to make reasonable financial provision for them.
- Disputes between executors or trustees – Conflicts can arise over how the estate is being managed.
- Allegations of fraud or forgery – Suspicions that the will is not genuine.
These disputes can be particularly painful and draining for families already going through a time of grief.
Why Early Advice Matters
Contentious probate claims are often time-sensitive, and taking early advice can make all the difference. Acting quickly helps to protect your position, preserve estate assets, and can often lead to a resolution without the need for court proceedings.
At Rubin Lewis O’Brien, we understand how emotionally charged these situations can be. Our experienced team is here to guide you through the process, offering clear, practical advice at every step. We will work to resolve disputes efficiently, whether through negotiation, mediation or, where necessary, robust legal action.
Here to Help
If you are facing – or expecting – a dispute over a will or estate. Rubin Lewis O’Brien are here to support you with sensitivity, clarity, and expert legal guidance.
Need to speak to someone? Call us on 01633 867000 or submit this enquiry form.
