Last Updated on April 28, 2026 by tanya

6 Myth Busters About Contentious Probate Claims

 

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

 

A Must Read If You Are Challenging A Will in England or Wales

Contentious probate claims in England and Wales are often shaped by confusion, half-truths, and outdated assumptions, so we’ll go through 6 myth busters about contentious probate claims. Many individuals come into these disputes already convinced they either have no possibility of a claim or an unbeatable one. This is often based on what they have heard from friends, seen on social media, or read in outdated legal commentary.

Contentious probate claims are rarely as clear-cut as they may first appear. Acting on assumptions, especially those based on common myths, can result in missed claims, unnecessary disputes, or avoidable costs. If you are unsure where you stand, taking early advice can help you clearly understand your position and the options available to you before matters escalate.

 

Myth 1: “If I’m named in the Will, I can’t be challenged”

Being named as a beneficiary, or even as an executor, does not make a Will immune from challenge. We have seen that courts regularly examine Wills where beneficiaries have simply assumed their position is secure.

A will dispute can arise on several grounds, including lack of testamentary capacity, undue influence, or failure to comply with formalities. Importantly, even a professionally drafted Will may be contested.

The strongest challenges often focus not on what the Will says, but on how and why it was created. For example, a sudden change late in life, especially where a new beneficiary appears, may well be taken as a red flag.

In practice, disputes frequently centre on evidence such as medical records, solicitor attendance notes, and witness testimony – rather than simply looking at the wording of the document itself.

 

Myth 2: “Contentious probate claims are only for disinherited children”

While disinherited children may often challenge a will, they are far from the only claimants.

Under the Inheritance (Provision for Family and Dependants) Act 1975, a wide category of individuals may bring claims, including:

 

• Spouses and civil partners
• Former spouses (in certain circumstances)
• Cohabitees
• Financial dependants

 

We have seen a considerable rise in cohabitation claims, especially where long-term partners have been excluded in favour of biological family. These cases often rely on proving the nature and stability of the relationship, such as years spent together and joint financial arrangements.

In addition, claims are not limited to financial provision. Some disputes instead focus on the validity of the Will itself, which opens the door to entirely different outcomes.

 

Myth 3: “If the Will was signed properly, it’s all good – end of story”

Execution formalities are important, but they are only one piece of the puzzle.

A Will can meet all technical signing requirements and still be successfully challenged. For example:

 

• The testator may have lacked capacity at the time
• They may not have understood the contents (knowledge and approval)
• They may have been subjected to undue influence

 

Knowledge and approval claims are often underestimated. If a Will is complex, homemade, or prepared under unusual circumstances, the court may require strong evidence that the testator genuinely understood its effect.

Solicitors’ files play a critical role in this type of scenario. Detailed notes explaining how instructions were taken can either considerably strengthen or weaken a defence.

 

Myth 4: “Undue influence is easy to prove”

Undue influence is one of the most commonly alleged, but it is also the most difficult to establish in contentious probate.

The burden of proof is high, and courts require clear evidence of coercion and not mere persuasion.

The line between persuasion and coercion is subtle but decisive. Encouraging someone to change their Will is not unlawful but pressuring them to the point that their free will is overidden is.

Evidence typically comes from patterns rather than a single event and these cases often rely on inference drawn from the testator’s surrounding circumstances. This may include factors such as isolation from family, dependency on a particular individual, or abrupt changes to long-standing testamentary intentions.

 

Myth 5: “These disputes always end up in court”

In real life, most contentious probate claims settle before reaching court which is expensive and time-consuming. A trial is also emotionally draining and as a result, parties often explore resolution through mediation and negotiation.

We have found that early engagement often leads to more pragmatic outcomes. Once proceedings escalate and positions become entrenched, costs and emotions can narrow the scope for compromise.

That said, it’s important to note that parties who build a strong case early are typically in a better position to negotiate effectively.

 

Myth 6: “If I lose, I won’t have to pay costs”

This is one of the most dangerous misconceptions. While there used to be some flexibility on costs, nowadays the loser often ends up paying a considerable portion of the winner’s costs,

There are exceptions, such as when the testator’s conduct caused the dispute. But courts are increasingly expecting parties to act reasonably and negotiate before ending up in court.

The cost risk is often a decisive factor in mediation discussions, especally where estates are modest.

 

Real-Life Scenarios That Commonly Trigger These Myths

In practice, contentious probate disputes are rooted in everyday family and financial situations. Here are some real life examples:

A second marriage later in life may lead to a Will that favours a new spouse over children from a previous relationship, often triggering allegations of undue influence or lack of capacity.

Similarly, a long-term cohabiting partner who was financially dependent on the deceased may discover they have been left out entirely, giving rise to a claim under the 1975 Act despite the absence of formal marriage.

Another common scenario involves a last-minute Will drafted during a period of illness, where medical evidence becomes central to determining capacity. Even homemade Wills, prepared without legal advice, frequently lead to disputes over interpretation or validity. This especially happens where significant assets or unequal distributions are involved.

What these scenarios have in common is not just conflict, but timing and vulnerability. Changes made during periods of dependency, illness, or shifting family dynamics are far more likely to be challenged. This may happen particularly when a testator (person making a will) departs from earlier, more consistent testamentary intentions.

 

Our Take on Why These Myths Persist

Contentious probate sits at the intersection of law, family dynamics, and personal expectation. It is this combination which makes it particularly vulnerable to misinformation.

Many myths may persist because they contain a grain of truth, but ignore the context in which courts actually operate. For example, while proper execution is essential, it may not determine the final outcome of a claim.

What truly defines these disputes is detail surrounding:

 

• The testator’s circumstances at the time of making the Will
• The quality of professional involvement
• The evidential trail left behind

 

What To Do Next

If you are dealing with a potential contentious probate issue, avoid relying on assumptions. Each case has unique, specific facts, and an early assessment is critical. By moving beyond these common myths, you place yourself in a far better position to make strategic, informed decisions. To get started, our partner panel of solicitors can provide a free assessment of your claim.

📞 Call us at 0333 358 2345 or contact us online to arrange your free consultation.