When Probate Turns Ugly: Understanding Contentious Probate and How to Handle It

Dealing with the death of a loved one is hard enough without legal disputes getting in the way. Unfortunately, sometimes conflicts arise over a will or an estate - and that’s when things can turn contentious. At SHG Law, we understand how emotionally charged these situations can be. This blog will walk you through what contentious probate is, why it happens, and how we can help you navigate it with sensitivity and clarity.

❓ What Is Contentious Probate?

Contentious probate refers to any dispute about the administration of someone’s estate after they’ve passed away. This might include challenges to:

• The validity of a will

• Who is entitled to inherit

• The behaviour of executors

• The value of estate assets

• Whether someone was unfairly excluded or inadequately provided for

In essence, it's any disagreement that disrupts the normal probate process.

⚠️ Common Reasons for Disputes

Here are the most common triggers for contentious probate cases:

1. Lack of Mental Capacity Was your loved one of sound mind when they made their will? If not, the will could be challenged.

2. Undue Influence If someone pressured or manipulated the deceased into changing their will, that may be grounds for contesting it.

3. Fraud or Forgery If the will doesn’t look legitimate - whether it’s a fake signature or suspicious witnesses - it can be disputed.

4. Lack of Financial Provision If a spouse, child, or dependent was left out of the will or inadequately provided for, they may have a claim under the Inheritance (Provision for Family and Dependants) Act 1975.

5. Executor Misconduct If the executor isn’t acting in the estate’s best interests, you can take legal action to challenge their role.

🧭 What You Can Do If You’re Involved in a Dispute

Whether you’re contesting a will or defending one, here’s what you should do:

• Act Quickly: There are strict time limits for making a claim - sometimes as little as 6 months from the grant of probate.

• Seek Legal Advice: Don’t go it alone. These cases are complex and emotionally draining. A solicitor can help you understand your rights and options.

• Try to Mediate: Wherever possible, we encourage negotiation and mediation before heading to court. This saves time, stress, and money.

• Document Everything: Keep records of communications, financial documents, and anything relevant to your claim.

🤝 How SHG Law Can Help

At SHG Law, we bring a personal and practical approach to contentious probate. We know you’re not just dealing with paperwork - you’re dealing with grief, stress, and sometimes fractured family relationships. Here’s what you can expect from us:

• Straightforward advice with no legal jargon

• Compassionate guidance during an emotional time

• Strong advocacy whether you're contesting or defending a will

• Focus on resolution, not escalation

📞 Need Help? Let’s Talk

If you’re facing a probate dispute and aren’t sure what to do next, get in touch with our team. We offer a free, no-obligation chat to help you understand your options and take the next step with confidence.

SHG Law – The law firm that listens.