Contentious Probate: What It Is and How We Can Help

Disputes over a loved one’s estate can be emotionally and financially draining, especially during a time of grief. At Martin Tolhurst Solicitors, we understand how sensitive these situations can be, and how important it is to protect your rights and ensure your loved one’s true wishes are respected.

That’s where contentious probate comes in.

What Is Contentious Probate?

Contentious probate refers to disputes relating to the administration of a deceased person’s estate. These disagreements often involve, but are not limited to concerns about the validity of a will, the behaviour of executors or trustees, or whether someone has been unfairly left out of an inheritance.

In recent years, the legal landscape surrounding wills and probate has shifted dramatically, with a marked increase in contentious probate claims. At the heart of this trend are evolving family dynamics—particularly the rise of blended families—and the lasting effects of the COVID-19 pandemic, including remote will executions and increased allegations of undue influence.

The Rise of Blended Families

Modern families often include second marriages, stepchildren, cohabiting partners, and estranged biological relatives. This complexity increases the likelihood of disputes after death, particularly when expectations around inheritance are misaligned or when parties feel excluded or unfairly treated.

In traditional nuclear families, testamentary intentions may be more predictable. In contrast, blended families often feature competing claims: a surviving spouse may expect to inherit the majority of the estate, while children from a previous marriage may believe they are entitled to a significant portion. When wills are silent on these nuances or perceived to favour one side disproportionately, litigation frequently follows.

Impact of the COVID-19 Pandemic

The pandemic forced legal professionals to adapt rapidly to remote technologies. Many wills during lockdowns were signed over video calls or witnessed by neighbours through windows. Though emergency temprorary measures were introduced in many jurisdictions to permit remote witnessing, these adaptations have introduced grey areas around the validity and authenticity of such documents.

Moreover, as people made hurried estate plans under the looming threat of illness and mortality, many did so without adequate legal advice. This has given rise to a wave of challenges based on technical non-compliance, ambiguity, and—most notably—allegations of undue influence.

Undue Influence in a Time of Isolation

Isolation, particularly among the elderly or vulnerable, made some individuals more susceptible to coercion or manipulation during the pandemic. In some cases, caregivers, family members, or opportunistic acquaintances have been accused of exerting undue influence on testators, especially when those individuals stood to benefit substantially under newly drafted wills.

With fewer in-person interactions and reduced oversight from solicitors, detecting coercion at the time of execution became more difficult. Courts are now being asked to retroactively assess the testator’s mental state and the circumstances surrounding the will’s creation—often without the benefit of direct evidence.

Contesting a Will

You may be able to challenge a will if you believe it does not reflect the true intentions of the deceased. Common grounds include:

• Lack of testamentary capacity: The person making the will (the testator) did not have the mental capacity to understand what they were doing.
• Undue influence: The will was made under pressure or coercion from someone else.
• Lack of proper execution: The legal requirements for signing and witnessing the will were not followed.
• Fraud or forgery: The will is believed to be forged or altered.
• Lack of knowledge and approval: The testator did not know or approve of the contents of the will.

Inheritance Act Claims

Even if a will is valid, it might not make “reasonable financial provision” for someone who was financially dependent on the deceased. Under the Inheritance (Provision for Family and Dependants) Act 1975, you may be able to make a claim if you are:

• A spouse or civil partner
• A former spouse or civil partner who hasn’t remarried
• A child (including adult children) of the deceased 
• Someone treated as a child of the deceased (e.g. stepchildren)
• Someone who was being financially maintained by the deceased

These claims can help ensure that your financial needs are properly considered.

How I Can Help

I specialise in contentious probate and have experience guiding clients through these difficult and often complex disputes. Whether you’re looking to contest a will, make an Inheritance Act claim, or need advice as an executor facing a challenge, I’m here to help.

During a telephone consultation, I’ll:

• Listen to your concerns and circumstances with empathy and compassion
• Explain your legal rights and options clearly
• Provide practical, tailored advice on the next steps

You don’t have to navigate this alone. If you’re worried about how an estate is being handled or believe you’ve been unfairly treated in a will, book a telephone consultation with me today. I’ll help you understand where you stand—and how to move forward.