Legal 500 Leading Firm 2026 / The Time Best Law Firms 2026 / 40+ Years of Expert Legal Practice in London
Legal 500 Leading Firm 2026 / The Time Best Law Firms 2026 / 40+ Years of Expert Legal Practice in London
Disputes over a Will or the administration of an estate can involve substantial assets, family relationships and strict legal procedures. Lewis Nedas Law advises beneficiaries, executors, family members and other interested parties on contested Wills, Inheritance Act claims and probate disputes in England and Wales.
Call +44 20 7387 2032 for confidential advice or complete our online contact form to speak to our contested probate solicitors in London.
Call +44 20 7387 2032 Get in TouchLewis Nedas Law has provided legal services for more than 40 years and is authorised and regulated by the Solicitors Regulation Authority, SRA number 567461. The firm is recognised as a Legal 500 Leading Firm 2026 and is included in The Times Best Law Firms 2026.
Our lawyers advise on disputes concerning the validity of Wills, claims for financial provision, disagreements between beneficiaries and executors, estate administration and disputes involving promises about inheritance.
Contested probate can involve both private client and litigation issues. Early legal advice can help identify the type of claim, preserve relevant evidence and establish whether a court deadline applies.
"Contesting a Will" can refer to several different types of dispute. A person might challenge whether a Will is legally valid. Another person may accept that the Will is valid but claim that the estate fails to make reasonable financial provision for them. A separate dispute may concern the conduct of an executor or a promise made by the deceased during their lifetime.
The correct legal route depends on what is being challenged. Common contested probate matters include:
Challenges to the validity of a Will
Lack of testamentary capacity
Lack of knowledge and approval
Undue influence
Fraud or forgery
Failure to comply with Will execution requirements
Claims under the Inheritance (Provision for Family and Dependants) Act 1975
Proprietary estoppel claims
Executor and estate administration disputes
Disputes over the interpretation of a Will
Disputes concerning earlier or competing Wills
Our solicitors can assess the facts and explain which legal principles may apply.
There is no simple rule that every blood relative can challenge a Will merely by reason of their family relationship. A person seeking to dispute a Will's validity will usually need a sufficient legal interest in the outcome. This might include someone who would benefit under an earlier Will or under the intestacy rules if the disputed Will were found invalid.
The issue is different from eligibility for an Inheritance Act claim. Establishing the correct legal basis at the outset can prevent time and cost being spent pursuing the wrong type of claim.
A Will may be challenged on the ground that the person making it lacked the required mental capacity. The traditional legal test derives from Banks v Goodfellow (1870). It considers matters including whether the testator understood the nature and effect of making a Will, the extent of their property and the people whose claims they ought to consider.
A medical diagnosis alone does not decide testamentary capacity. Evidence concerning the testator's condition, behaviour, instructions and understanding at the relevant time may become central to the dispute.
The person making a Will must know and approve its contents. Concerns can arise where a Will contains unexpected provisions, where another person was heavily involved in its preparation, or where the testator had difficulty reading or understanding the document.
The court can examine the circumstances surrounding preparation and execution when deciding whether the document truly represented the deceased's intentions.
A Will may be challenged where it is alleged that the testator was coerced into making provisions that did not reflect their own wishes. Undue influence in probate cases requires more than persuasion, pressure or an unpleasant family relationship. The allegation concerns coercion that overpowered the testator's own decision-making.
These claims can be evidentially demanding and should be assessed carefully.
A purported Will may be challenged if there is evidence that it was forged or procured through fraud. Relevant evidence can include handwriting, witness evidence, documentary records, communications and information surrounding the preparation of the document.
Most Wills in England and Wales must comply with the formalities in section 9 of the Wills Act 1837. Issues can arise where the Will was not signed correctly, the witnesses were not present as required or other execution formalities were not followed.
An Inheritance (Provision for Family and Dependants) Act 1975 claim is different from challenging whether a Will is valid. A claimant may accept that the Will is legally valid but argue that the disposition of the deceased's estate does not make reasonable financial provision for them. Potential applicants under the Act include certain:
Spouses and civil partners
Former spouses and former civil partners who have not remarried or entered another civil partnership
Cohabitants who meet the statutory requirements
Children of the deceased
People treated by the deceased as a child of the family in circumstances covered by the Act
People who were being maintained by the deceased immediately before death
Eligibility alone does not mean a claim will succeed. The court considers statutory factors such as financial resources and needs, obligations and responsibilities of the deceased, the size and nature of the estate and other circumstances relevant to the particular case.
An application under the Inheritance Act 1975 must ordinarily be made within six months from the date on which representation with respect to the estate is first taken out. The court has power to permit a claim outside that period, but permission should not be assumed.
Anyone considering this type of claim should obtain legal advice at an early stage rather than waiting for the six-month period to expire.
A caveat can be used to stop a grant of probate or letters of administration being issued where there is a genuine probate dispute. For example, a caveat may be relevant where there is a dispute about:
Whether a Will exists
Whether a Will is valid
Who is entitled to apply for the grant
A caveat lasts for six months initially and can be extended. Entering a caveat is a significant legal step. A dispute can progress through the warning procedure and court proceedings, with potential costs consequences. A caveat should not be used merely to delay estate administration or as a substitute for an Inheritance Act claim.
Executors and administrators are personal representatives and have legal responsibility for administering the estate. Their duties can include identifying assets and liabilities, dealing with tax, collecting estate assets, paying debts and distributing the estate to those entitled to receive it. Disputes can arise where allegations concern:
Unexplained delays
Failure to provide appropriate estate information
Mismanagement of estate assets
Sale of assets at an alleged undervalue
Improper distributions
Conflicts of interest
Failure to follow the Will
Disagreements between co-executors
The appropriate remedy depends on the conduct involved and the stage reached in the administration. A beneficiary's dissatisfaction does not itself establish wrongdoing by an executor. The evidence and the personal representative's legal duties need to be considered.
A proprietary estoppel claim can arise where someone says they were promised an interest in property, relied on that promise and suffered detriment in consequence. Such claims can arise after death. One example might involve a person who says they worked in a family business or on family property for many years in reliance on a promise that they would inherit an interest in it.
These claims are highly fact-sensitive. Evidence concerning what was said, what the claimant did in reliance on the alleged assurance and the detriment suffered can become central to the case.
If a disputed Will is found invalid, the estate does not automatically pass under the intestacy rules. An earlier valid Will may take effect instead. If no earlier valid Will governs the estate, some or all of the estate may pass under the intestacy rules.
The consequences need to be established before deciding whether a validity challenge would benefit the person considering the claim.
Not every probate dispute needs to proceed to a final court hearing. Negotiation, mediation and other forms of Alternative Dispute Resolution can provide routes to settlement. The suitability of settlement discussions depends on the issues, evidence and positions of the parties.
Early resolution can sometimes reduce legal costs, delay and further strain on family relationships. Court proceedings may still be required where the parties cannot reach agreement or where a judicial determination is needed.
Establish whether you are challenging the Will's validity, seeking financial provision, disputing an executor's conduct or pursuing another probate claim.
Obtain the Will, earlier Wills, probate documents and any relevant correspondence, financial records or medical evidence.
Check whether a Grant of Probate or Letters of Administration has been issued. This can affect the legal options available.
A caveat may prevent a grant being issued during a genuine dispute about a Will or entitlement to the grant. It initially lasts six months.
Different claims have different deadlines. Inheritance Act claims ordinarily need to be issued within six months of the first grant of representation.
Your solicitor can review the Will, supporting evidence and circumstances surrounding the estate to assess the merits and risks of a claim.
The executor, beneficiaries or their solicitors may be contacted to explain the dispute, request information and explore possible solutions.
Many probate disputes can be settled through negotiation or mediation without requiring a final court hearing.
If settlement cannot be reached, court proceedings may be necessary to determine the Will's validity, financial provision or another disputed issue.
After settlement or judgment, the estate can usually be administered according to the valid Will, agreement or court order.
Lewis Nedas Law has provided legal services for more than four decades.
The firm is recognised as a Legal 500 Leading Firm 2026.
Lewis Nedas Law is included in The Times Best Law Firms 2026.
Our lawyers advise on Wills, probate, estate administration and contentious legal disputes.
Lewis Nedas Law Limited is authorised and regulated by the Solicitors Regulation Authority under SRA number 567461.
A person usually needs a legal interest in the outcome. Eligibility differs between a Will validity challenge and an Inheritance Act claim.
Deadlines depend on the claim. Inheritance Act claims usually have a six-month limit from the first grant of representation. Seek advice early.
A caveat can stop a grant being issued during a genuine probate dispute. It lasts six months initially and can be extended.
A claim may arise where an executor breaches their legal duties or mismanages the estate. The appropriate remedy depends on the facts.
An earlier valid Will may take effect. If no valid Will applies, some or all of the estate may pass under the intestacy rules.
Probate disputes can involve strict deadlines, complex evidence and significant financial consequences. Obtaining advice early can help clarify your legal position before an estate is distributed or a relevant deadline passes.
Lewis Nedas Law advises people challenging a Will, defending a Will, bringing or responding to Inheritance Act claims, dealing with executor disputes and resolving other contested probate matters.
Call +44 20 7387 2032 or complete the firm's online contact form to arrange a confidential consultation with our contested Wills and probate solicitors in London.
Call +44 20 7387 2032 Arrange a ConsultationThis page provides general information about contested Wills and probate under the law of England and Wales. It does not constitute legal advice. Rights, remedies and time limits depend on the nature of the claim and the individual circumstances.
