Contentious Probate FAQs

Contentious Probate FAQs | Thursday 5 March 2026 | 7 min read

While every case is unique and depends on its facts, Clare Mackay and Ashleigh MacCormack address some of the most frequently asked questions about challenging a will and making a claim against an estate.

Am I entitled to a copy of the will?

Only the executors named in the will are entitled to see the will before a grant of probate is obtained. If anyone else asks for a copy, all of the executors must agree to disclose the will.

However, once a grant of probate has been obtained, the will (and the grant of probate) becomes publicly available from the Probate Registry (for a small fee). Often, a letter from us as solicitors will result in a copy of a will being provided voluntarily before the grant of probate is issued.

If a grant of probate isn’t required, for example if the Deceased had a small Estate, then the will does not become a publicly available document.

On what grounds can I challenge the validity of a will?

There are four main grounds on which you can challenge the validity of a will, which are:

1. The will does not comply with the formalities for the execution of a valid will, set out in the Wills Act 1837;
2.  The testator (who is the person making the will) lacked the necessary testamentary capacity to make a valid will;
3. The testator did not know and approve the content of the will; and
4. The testator was unduly influenced or coerced by someone to make a will in such terms, so that they were not acting of their own free will.

We discuss these in more detail in our article “On what grounds can I challenge the validity of a will?”

I am concerned whether a will is valid. Can I do anything to prevent a grant of probate being issued?

If you feel that there is something strange about the content of a will or the manner in which it was made, you can enter a ‘caveat’ with the Probate Registry. Entering a caveat prevents someone else from obtaining a grant of probate without you first being given the chance to object.

How can I gather evidence about how the will was prepared and about the testator’s capacity?

If you are concerned about a will’s validity, we can obtain information and a copy of the file from the solicitors who drafted the will. We can also obtain the medical records of the deceased. We can also instruct experts in fields such as psychiatry and handwriting to provide further evidence to build your case.

What happens to the Estate if a challenge to a will is successful?

The will will be declared invalid and so will have no effect. The estate will instead pass under the terms of the deceased’s previous will or, if there is no earlier will, under the Intestacy Rules. You can check whether you would be entitled under the Intestacy Rules here

Check who can apply for probate and inherit if someone dies without a will – GOV.UK

What if I am left nothing or very little under the will or the Intestacy Rules?

Under English law, people are entitled to leave their assets to whoever they choose.

However, it may be possible to bring a claim under the Inheritance (Provision for Family and Dependents) Act 1975 if you can tick both of the following criteria:

• You fall within one of the following categories:
• Spouse or civil partner of the deceased
• Former spouse or civil partner of the deceased
• Cohabitee of the deceased
• Child of the deceased
• A person who was treated as a child of the family, such as a stepchild
• A person who was being maintained by the deceased
• The will or the Intestacy Rules do not make reasonable financial provision for you.

You can find more about claims under the 1975 Act in our article Making a claim against a will.

How long do I have to make a claim in relation to an Estate?

Claims under the Inheritance (Provision for Family and Dependents) Act 1975 have a six-month time limit which runs from the date of the grant of probate.

There is no time limit for challenging the validity of a will but an unjustified delay in doing so can bar a claim so it is important to take advice early and act promptly.

Can I still contest a will once a grant of probate has been obtained?

Yes, this is still possible if you have grounds to suspect that a will may not be valid.

I was made a promise by the deceased but it is not in their will – what can I do?

It may be that the deceased promised to leave you a certain asset such as a property or a sum of money but that there is no such gift in their will.

If a clear promise was made to you and you have relied on this promise to your detriment (such as giving up work or selling your own house to move in and care for the testator), then you may potentially have a claim for proprietary estoppel. We can talk you through how this works and what you would need to show to succeed.

The will is not clearly drafted – how can that ambiguity be resolved?

The rise of DIY and AI generated wills means that the testator’s intentions may not be clearly and unambiguously set out in the will. You can read more about the perils of DIY wills in this article.

Confusion over what a term actually means can also arise where a will has been professionally drafted.

A badly drafted clause can cause delay in the administration of the estate. We can assist you with resolving issues as to meaning of a clause in the will by:

•  Applying to Court for a declaration as to what the disputed term means; and/or
•  Applying to Court for an order that the will be rectified (i.e. changed) either to correct a clerical error or to put right a failure on the part of the will drafter in understanding the deceased’s instructions.

An application to rectify a will should be made within six months of the date of the grant of probate. If you have concerns about what a will means, please do not delay getting in touch with us.

The executors are taking a long time to administer the Estate and I am worried that they are not doing their job properly. What can I do?

Estates can take up to a year to administer and this can be frustrating for beneficiaries. That said, an executor may be taking unnecessarily long to act or not getting on with that job at all.

Often, a robust letter from us reminding the executors of their responsibilities may be all it takes to get the estate administered promptly.

If that does not do the trick, we can help resolve this impasse by:

• Taking action known as a citation to compel an executor to either apply for a grant or step aside;
• Making an application to court to have the executor removed and a new executor appointed.
• Obtaining a court order directing how the estate should be administered or how one issue should be resolved.

We can also advise on your options if you are concerned that the executors are acting in their own interests rather than in the best interests of the beneficiaries of the estate.

I am the executor of an estate and a claim has been made by one of the beneficiaries – what should I do?

Generally speaking, the executors should remain neutral in disputes between the actual and potential beneficiaries. If they take such a stance, their legal costs can generally be paid from the estate.

Will the costs of challenging a will be paid by the estate?

The answer to this is usually no, although there are two exceptions to this rule. You can read more about these in this article.

How can we help?

Want to know more? Contact Clare or Ashleigh and they will be able to chat through your situation with you and let you know how we might be able to help you resolve your dispute.

Or you can fill in the form below and Clare or Ashleigh will be in contact with you.