Last Updated on April 30, 2026 by tanya

 

10 Must-Know FAQs on Probate Disputes

 

About Our Legal Expert: This content is produced under the oversight of Michael Jefferies, First Personal Injury Director, who brings over 30 years of legal experience.

Written by Tanya Waterworth, Digital Content Writer

 

Your Quick Guide to Contesting a Will

Contentious probate is the legal term for disputes that arise after someone has died and here are 10 must-know FAQs on probate disputes. These types of claims are usually over the deceased’s will or the way their estate is being managed.

This can involve questioning the validity of a will, claiming more under the Inheritance Act, or resolving disagreements between executors and beneficiaries. These disputes are often emotionally charged and legally complex, so knowing the correct process is essential.

Whether you’ve been excluded from a will, suspect foul play, or believe you haven’t received reasonable financial provision, getting clear answers is the first step. To start, here are the top questions you may be asking:

 

1. How Can A Will Be Thrown Out?
2. What Does Reasonable Financial Provision Really Mean?
3. Who Can Actually Make a Claim?
4. What If I Think the Will Is Fake?
5. Forged vs Fraudulent – What’s the Difference?
6. How Do I Go About Contesting a Will?
7. Is There a Time Limit for Probate Claims?
8. What Happens if There’s No Will?
9. Can I Claim if I’ve Been Left Out Completely?
10. Do Probate Disputes Always End Up in Court?

 

To find out what your next steps will be in contesting a will, contact our team at First Personal Injury. 

 

Top 10 Contentious Probate FAQs – Your Quick Guide

Here are some of the most common questions asked about contesting a will along with the must-have information you’ll need to know:

 

1. How Can A Will Be Thrown Out?

A will can be challenged or overturned in the UK  if it’s proven to be legally invalid, made under pressure, or not executed correctly. Common reasons include lack of mental capacity, undue influence, incorrect witnessing, or forgery.

You may be able to contest a will if:

• Lack of mental capacity – The person didn’t understand the meaning or consequences of the will.
• Undue influence – They were pressured or coerced into making certain decisions.
• Incorrect signing/witnessing – The legal signing and witnessing process wasn’t followed.
• Forgery or fraud – The signature or contents were faked or altered without consent.

If a will is set aside, the court may reinstate an earlier valid will, or if none exists, the estate will be distributed under intestacy rules.

 

2. What Does “Reasonable Financial Provision” Really Mean?

Under the Inheritance Act 1975, certain people can ask the court for more if they weren’t left enough in the will. For example:

 

• A spouse or civil partner is usually entitled to enough to keep up their normal standard of living.
• Children, dependants, or long-term partners may be awarded enough to cover their everyday needs. This typically includes things like a place to live, bills, and basic expenses.

 

The court will look at the size of the estate, your needs, the needs of others, and how close you were to the person who died.

 

3. Who Can Actually Make a Claim?

You might be able to claim if you were financially tied to the person who passed away. That could include:

 

• A current or former spouse or civil partner (if you haven’t remarried).
• Biological or adopted children.
• Stepchildren or anyone treated as part of the family.
• A partner who lived with them for at least two years before they died.
• Anyone who relied on them financially.

 

4. What If I Think the Will Is Fake?

If you suspect the will was forged:

 

1. Ask the probate registry to put things on hold.
2. Collect any proof you can — handwriting samples, witness statements, document history.
3. Apply to court to challenge it.

 

Forgery is a criminal offence. Therefore, if it’s proven the will won’t stand and the person responsible could face prosecution.

 

5.  Forged vs Fraudulent – What’s the Difference?

It comes down to how the wrongdoing happened:

 

• Forged will – The signature or the document itself is completely fake.
• Fraudulent will – The will is real, but created through lies or trickery, like getting someone to sign it without knowing what it said.

 

Both will be invalid if proven, but the evidence you need is different.

 

6.  How Do I Go About Contesting a Will?

If you believe there’s a problem, you’ll need to take legal action. Common reasons include:

 

• The person didn’t have mental capacity.
• They were pressured into it.
• You weren’t left reasonable financial provision.

 

7.  Is There a Time Limit for Probate Claims?

Yes. In England and Wales, the usual limit is 6 months from when probate is granted. It’s vital to get legal advice as early as possible once the clock starts ticking. It is  possible to apply after that — but you’ll need the court’s permission, and that’s not guaranteed.

 

8.  What Happens if There’s No Will?

If no valid will exists, the estate is split under intestacy rules. That usually means:

 

• A spouse or civil partner gets the largest share.
• Children divide what’s left.
• Other relatives inherit if there’s no spouse or children

 

If you’re left with nothing and relied on the person financially, you might still be able to claim under the Inheritance Act.

 

9.  Can I Claim if I’ve Been Left Out Completely?

Yes, as long as you’re eligible under the Inheritance Act. That includes spouses, civil partners, children (including stepchildren), long-term partners, and financial dependants.

10.  Do Probate Disputes Always End Up in Court?

Not at all. Many probate mediation cases are resolved through negotiation or mediation. That route can save time, reduce costs, and spare a lot of stress. If talks fail, then it may go to court. However, it’s often worth trying the calmer approach first.

 

Top Tips for Starting Your Contentious Probate Claim

Starting a contentious probate claim can feel overwhelming, but taking the right steps early can make a big difference. Here’s how to get off to the best start:

 

• Act quickly – Most claims must be made within 6 months of probate being granted.
• Gather evidence early – Keep copies of the will, medical records, financial documents, and any relevant correspondence.
• Pause the probate process if needed – Your solicitor can apply to put the grant of probate on hold while the dispute is investigated.
• Know your grounds – Understand whether your claim is based on lack of capacity, undue influence, forgery, or lack of reasonable provision.
• Consider mediation – Many disputes are settled out of court, saving time, stress, and legal costs.
• Stay organised – Keep a file of all documents, timelines, and solicitor correspondence for easy reference.

 

Key Takeaways – Contesting a Will in the UK

• Contentious probate = disputes over a will or estate after someone dies.
• Main reasons to challenge: lack of mental capacity, undue influence, incorrect signing, or forgery.
• Eligible claimants: spouses, civil partners, children (including stepchildren), long-term partners, and financial dependants.
• Strict time limits: usually 6 months from the grant of probate for most claims.
• Court isn’t always necessary — mediation can resolve many disputes faster and with less stress.

Contact Us

Contentious probate can be stressful, but the law offers protections if you’ve been treated unfairly. With the right advice and a clear understanding of your rights, you can take steps toward a fair resolution.

We partner with experienced probate solicitors who can assess your case and explain your options.

They offer a range of fee structures, including ‘No Win, No Fee’ for certain cases along with other flexible funding – speak to our team to find out more.

Call us at 0333 358 2345 or contact us online at First Personal Injury to learn more.