How to Resolve (and Settle) A Will / Probate Dispute

George Harrison May 16, 2025

Introduction

When a loved one dies, dealing with their estate is never easy. If disagreements arise regarding the contents of the will or how the estate is being administered, things can quickly become complex and emotionally charged. Known as contentious probate, such disputes can delay estate administration, damage family relationships, and result in costly litigation.

We have expertise in handling and resolving these disputes, as showcased by one of our case studies on our website here, which you can peruse at your leisure.

This guide explains what probate disputes are, the legal grounds for challenging a will, who can bring a claim, how to resolve disputes effectively, and how to avoid them altogether.

What is a Probate Dispute?

Probate is the legal process of administering a person’s estate after death, including collecting assets, paying liabilities, and distributing what remains to beneficiaries. A probate dispute arises when someone contests either the validity of the will or the way the estate is being administered.

Such disputes may involve executors, beneficiaries, or other individuals with an interest in the estate. They can relate to allegations of fraud, undue influence, lack of mental capacity, or breaches of duty by those handling the estate.

Grounds for Challenging a Will

Not all dissatisfaction with a will leads to a valid legal claim. However, the following are recognised grounds under English law for contesting a will:

Legal Advice and Early Investigation	If you suspect a will may be invalid or you have concerns about how an estate is being handled, consult a contentious probate solicitor in our team immediately. We can assess the merits of your case and advise on steps to protect your position, such as entering a caveat.
Entering a Caveat	A caveat prevents a grant of probate from being issued and effectively freezes the estate administration. It can be entered at the Probate Registry for £3 and lasts for six months (renewable). It gives you time to investigate your claim and gather evidence without the estate being distributed prematurely.
Alternative Dispute Resolution (ADR) – Mediation and Negotiation	Many probate disputes settle without court proceedings. Mediation is encouraged by the courts and often leads to mutually acceptable resolutions, preserving relationships and saving costs. It is confidential and can be arranged quickly.
Fraud or Forgery	If a will has been forged or altered fraudulently, it can be challenged. For example, forging the testator’s signature or misleading them about the contents of the document would give rise to a valid claim.
Pre-Action Steps (Complying with the Pre-Action Protocol)	Before starting legal proceedings, the parties must follow the Pre-Action Protocol which for contentious probate is currently Practice Direction – Pre-Action Conduct and Protcols. This includes: • Exchanging letters of claim and response; • Providing supporting documents; and • Exploring alternative dispute resolution (ADR). Non-compliance can lead to cost penalties, even for the winning party.
Court Proceedings	If negotiation fails, the matter may proceed to court. The court has the power to: • Declare a will invalid; • Order the estate to be administered differently; • Remove executors; or • Make awards for financial provision. Contentious probate cases are heard in the civil courts with no jury present. At the trial the Judge will hear the evidence and make a ruling (i.e., a decision). Litigation is time-consuming and expensive, and recovery of costs is always at the court’s discretion. The court process can be long-winded and drawn out. It should be very much considered a last resort.

Who Can Challenge a Will?

Not everyone is entitled to contest a will. The following categories of people typically have standing:

Beneficiaries named in the current or previous will;
Family members who would inherit under intestacy rules (if there were no will);
Spouses or civil partners; and
Financial dependants or cohabitants, including those eligible to bring claims under the Inheritance (Provision for Family and Dependants) Act 1975 (“1975 Act”).

Claims under the 1975 Act do not challenge the validity of the will, but instead seek reasonable financial provision from the estate.

Time Limits for Bringing a Claim

Time limits vary depending on the type of claim:

Claims brought under the 1975 Act must be made within six months of the date of the grant of probate.
Fraud or forgery claims technically have no strict limitation period, though delay can weaken a case.
Claims for lack of capacity, undue influence, or execution issues should be brought promptly, ideally before probate is granted. Once the estate has been distributed, it can be very hard to revisit the distribution and reclaim assets. Executors will usually try to administer the Estate within 12 months from the date of grant of probate so the earlier the executors are alerted to a claim the better.
Rectification claims (where the will is believed to contain a clerical error) must also be made within six months of probate.

Early legal advice is crucial to avoid missing deadlines.

Disputes Involving Executors

Executors are responsible for collecting the deceased’s assets, paying debts, and distributing the estate. However, they may become the subject of a dispute if they:

Delay administering the estate;
Fail to communicate transparently with beneficiaries;
Are perceived as acting in their own interests; or
Breach their fiduciary duties.

In serious cases, beneficiaries can apply to the court to remove or substitute an executor under section 50 of the Administration of Justice Act 1985.

Steps to Resolve a Probate Dispute

Lack of Testamentary Capacity	The testator (person making the will) must have had the mental capacity to: • Understand the nature and effect of making a will, • Comprehend the extent of their assets, and • Recognise potential beneficiaries. A claim may arise if the testator was suffering from dementia, mental illness, or confusion at the time the will was executed.
Lack of Due Execution	Under section 9 of the Wills Act 1837, a will is valid only if: • It is in writing and signed by the testator (or by someone else at their direction and in their presence), • The signature is made with the intention of executing the will, and • It is witnessed by two individuals present at the same time, who also sign the will. Failure to comply with these requirements can render the will invalid.
Undue Influence	A will may be set aside if it can be shown that the testator was coerced or manipulated into making certain provisions they would not otherwise have made. Evidence of dependency, secrecy, or sudden changes in the will may support such claims. Proving undue influence requires strong and convincing evidence.
Fraud or Forgery	If a will has been forged or altered fraudulently, it can be challenged. For example, forging the testator’s signature or misleading them about the contents of the document would give rise to a valid claim.
Lack of Knowledge and Approval	Even if a will appears to be formally valid, it must be shown that the testator knew and approved of its contents. Suspicion may arise where a beneficiary helped draft the will, or where the testator had limited English or visual impairments.

How to Avoid Probate Disputes

While not all disputes are avoidable, certain steps can significantly reduce the likelihood of future challenges:

(a) Make a professionally drafted will. DIY wills are more susceptible to legal flaws;

(b) Update your will regularly, particularly after major life changes (marriage, divorce, birth of children);

(d) Include a letter of wishes, which can explain the reasons behind decisions (although not legally binding);

(e) Obtain medical evidence of capacity, particularly for older or vulnerable testators; and

(f) Use independent witnesses and ensure the will is properly signed and stored.

These precautions can discourage potential claimants and support the validity of the will if challenged.

Conclusion & How We Can Help

Probate disputes can be deeply distressing and legally complex. From mental capacity issues to allegations of undue influence or unfair financial provision, each case is unique and requires expert handling. Settling such disputes early and amicably is in everyone’s interest.

We’re here to help and whether you are considering challenging a will, defending one, or are an executor facing a claim, we can:

Assess the strengths and risks of your position;
Gather relevant evidence (medical records, solicitor files, witness statements);
Help enter a caveat or issue a claim;
Represent you in mediation or court; and
Seek cost-effective, negotiated outcomes where possible.

Our experienced dispute resolution solicitors also understand the emotional strain such matters can cause and will approach your case with sensitivity and discretion.

If you require help, we offer a no-cost, no-obligation 20-minute introductory call as a starting point or, in some cases, if you would just like some initial advice and guidance, we will instead offer a one-hour fixed fee appointment (charged from £250 plus VAT to £350 plus VAT* depending on the complexity of the issues and seniority of the fee earner).

Please email wewillhelp@jonathanlea.net providing us with any relevant information ensuring that any call we have is as productive as possible or call us on 01444 708640. After this call, we can then email you a scope of work, fee estimate (or fixed fee quote if possible), and confirmation of any other points or information mentioned on the call.

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This article is intended for general information only, applies to the law at the time of publication, is not specific to the facts of your case and is not intended to be a replacement for legal advice. It is recommended that specific professional advice is sought before relying on any of the information given. © Jonathan Lea Limited.