Contentious Probate: Understanding Your Options When a Dispute Arises

1) Left Out of a Will or Received Less Than Expected

Losing a loved one is difficult enough. Discovering that you’ve been excluded from their will or left significantly less than others can feel deeply unfair. If you were financially dependent on the deceased, or if the will does not make reasonable financial provision for you, the law may offer protection.

Under the Inheritance (Provision for Family and Dependants) Act 1975, you may be able to bring a claim even if the will is valid.

You may have a claim if you are:

• A spouse or civil partner
• A former spouse or civil partner who has not remarried
• A long‑term cohabitee
• A child (including adult children)
• Someone is treated as a child of the family
• A person financially maintained by the deceased

Important: Most claims must be issued within six months of the grant of probate. Early advice is essential.

2) Concerned about the Will being Invalid?

If you believe the will does not reflect your loved one’s true intentions, you may be able to challenge its validity. A will can be invalid if the deceased:

• Lacked mental capacity when the will was made
• Was pressured, coerced, or unduly influenced
• Did not sign the will correctly under the Wills Act 1837
• Did not understand or approve the contents

Challenging a will often requires careful investigation, reviewing medical records, speaking to the will‑writer, and examining the circumstances surrounding the signing. Certain red flags may indicate a problem, such as:

• A diagnosed cognitive impairment
• A sudden or unexplained change to a long‑standing will
• A beneficiary who had unusual control or involvement

If a will is declared invalid, the estate will pass under an earlier valid will or, if none exists, under the rules of intestacy.

3) Promises Made, Then Broken (Proprietary Estoppel)

Sometimes a dispute arises because a will does not reflect promises made during the deceased’s lifetime. If you were assured that you would inherit property, money, or a business and you relied on that promise to your detriment, the court may step in to prevent an unfair outcome.

To succeed in a proprietary estoppel claim, you usually need to show:

• A clear promise or assurance
• Reliance on that promise
• A detriment suffered as a result
• That it would be unconscionable for the estate to go back on the promise

These cases often involve adult children who provided long‑term care or gave up opportunities based on assurances about future inheritance. The court has wide discretion to craft a fair remedy.

4) Property Ownership Disputes (TOLATA)

Not all inheritance disputes are about the will itself. Where property is involved, the question may be who actually owns it.

Under the Trusts of Land and Appointment of Trustees Act 1996 (TOLATA), you may be able to claim a beneficial interest in a property if:

• You jointly owned the property with the deceased
• You lived together but were not married or in a civil partnership
• You contributed to the purchase price, mortgage, bills, or improvements
• There was a shared understanding that the property was jointly owned
• The will or intestacy rules do not reflect your true interest

A successful TOLATA claim can mean the property falls outside the estate or is divided differently.

Not Sure Which Category Applies?

Many inheritance disputes overlap. It’s common for several types of claims to run together. Our probate team will take the time to understand your situation and guide you toward the most effective strategy to protect your position and achieve a fair outcome.

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