Glossary · UK
What is Contentious Probate?
A legal dispute over a deceased person's will, estate or how it is administered, resolved through negotiation, mediation or the courts.
Full Definition
Contentious probate refers to disputes that arise after someone dies about their will or the administration of their estate. Common grounds include challenges to a will's validity (for example lack of mental capacity, undue influence, forgery or improper signing), claims that the deceased failed to make reasonable financial provision under the Inheritance (Provision for Family and Dependants) Act 1975, disagreements between executors and beneficiaries, or allegations that an estate is being mismanaged. Disputes are first explored through negotiation or mediation, and only proceed to court if unresolved. Strict time limits often apply -- for instance, Inheritance Act claims generally must be brought within six months of the grant of probate. It matters because such disputes can be costly, drain estate value and delay distribution to beneficiaries. It is closely linked to Inheritance Tax planning, as the value and structure of an estate, including the nil-rate band of GBP 325,000, can become central to the disagreement.