Contentious Probate: Who Can Challenge a Will and Why

13 Apr 2026

Disputes over Wills and estates are becoming increasingly common. Contentious probate covers disagreements about a Will, estate administration, or claims for financial provision. If you feel something is not right, understanding your options early is key.

Challenge a will

Who Can Challenge a Will?

Not everyone can make a claim. Those who may have standing include:

• Spouses or civil partners

• Former partners in certain circumstances

• Cohabiting partners (2+ years)

• Children, including adult children

• Financial dependants

• Beneficiaries under an earlier Will

• Individuals who would inherit if there were no valid Will

Common Reasons to Challenge a Will

1. Lack of Testamentary Capacity – The deceased must understand their assets, who might benefit, and the effect of excluding someone.

2. Undue Influence – The Will must reflect the deceased’s free wishes. Coercion or pressure may make it invalid.

3. Lack of Knowledge and Approval –The person must understand and approve the Will’s contents.

4. Improper Execution – A Will must be signed and witnessed correctly.

5. Fraud or Forgery – Rare but serious; courts can investigate suspicions of fraud.

Claims for Financial Provision

Even with a valid Will, certain people can claim if they have not been left reasonable provision. Courts consider:

• Size of the estate

• Claimant’s financial needs

• Obligations of the deceased

• Needs of other beneficiaries

Time limits are strict, so acting quickly is crucial.

Disputes Over Executors

Problems can also arise if an executor mismanages the estate, delays administration, or has a conflict of interest. Courts can remove or replace executors if necessary.

How a Solicitor Can Help

Contentious probate is both legal and emotional. A specialist solicitor can:

• Assess whether you have a valid claim

• Preserve evidence

• Advise on deadlines and risks

• Explore negotiation or mediation

• Represent you in court if needed

Getting early advice can prevent matters escalating and protect your position. If you have concerns about a Will or estate, get in touch for expert, practical guidance.