When a loved one passes away, dealing with their estate can be emotionally difficult and disagreements over wills, inheritance, or estate administration can make the process even more challenging. At Bennett Oakley Solicitors, our Contentious Probate Team provides clear, sensitive, and practical advice to help clients resolve disputes efficiently and protect their rightful interests.

We understand that these issues often involve family, emotion, and legacy. That’s why our approach is not only strategic but also empathetic, seeking resolution wherever possible and strong representation where necessary.

What is Contentious Probate?

Contentious probate refers to any dispute that arises after someone’s death in connection with their estate. These disputes can involve the validity of a will, disagreements between executors and beneficiaries, or claims that reasonable financial provision has not been made.

Common contentious probate matters include:

• Challenging or defending the validity of a will
• Disputes between executors or trustees
• Claims under the Inheritance (Provision for Family and Dependants) Act 1975
• Disputes over estate assets, property ownership, or distribution
• Concerns over the conduct or duties of executors and trustees

Our solicitors combine technical expertise with an understanding of family dynamics to achieve the best possible outcome, whether through negotiation, mediation, or court proceedings.

On What Grounds Can You Make a Contentious Probate Claim?

There are several legal grounds to challenge a will or estate administration:

1. Lack of Testamentary Capacity
The person making the will (the testator) did not have sufficient mental capacity to understand its nature or effect.
2. Undue Influence
Someone coerced or pressured the testator into making or changing their will.
3. Lack of Knowledge and Approval
The testator did not fully understand or approve the contents of their will.
4. Improper Execution
The will was not signed or witnessed in accordance with legal requirements under the Wills Act 1837.
5. Inheritance Act Claims
Claims under the Inheritance (Provision for Family and Dependants) Act 1975 may arise when someone financially dependent on the deceased has not been adequately provided for.

Our Contentious Probate Services

Our experienced team offers comprehensive support in all aspects of contentious probate, including:

• Will disputes – Challenging or defending the validity of a will
• Inheritance Act claims – Seeking or defending financial provision claims
• Executor and trustee disputes – Advising on duties, removal, or replacement of executors
• Estate administration – Resolving disputes about how an estate is being handled
• Beneficiary representation – Protecting your rights and ensuring transparency
• Mediation and negotiation – Achieving practical, cost-effective resolutions
• Court representation – Robust advocacy where court intervention is required

How We Can Help

Our contentious probate solicitors act for beneficiaries, executors, administrators, trustees, and dependants. Whether you are contesting a will, defending an estate claim, or seeking clarity over your inheritance rights, we are here to help.

We combine technical expertise with a compassionate, pragmatic approach, guiding you through complex legal processes while minimising emotional strain.

At Bennett Oakley, we strive to resolve disputes fairly and efficiently, ensuring your loved one’s legacy is protected and your legal rights are upheld.