Disputes involving Wills and estates can quickly become complex. However, when disagreements arise, contentious probate provides a clear legal route to resolve them fairly and efficiently.
In the sections below, we explain why a Will may be challenged, how Inheritance Act claims work, and when specialist legal advice becomes essential.
In practice, individuals challenge Wills for a variety of reasons. Most commonly, disputes arise where:
Additionally, if a person dies without leaving a valid Will, disputes often still occur. In these circumstances, intestacy rules apply, but they do not always produce fair outcomes. Consequently, early legal advice can prove invaluable.
The Inheritance (Provision for Family and Dependants) Act 1975, commonly known as the Inheritance Act, allows certain people to apply for financial provision from an estate if the Will (or intestacy rules) fail to provide reasonably for them.
In simple terms, the Act exists to prevent unfair outcomes where someone who depended on the deceased has been left without adequate support.
Under the Act, the following categories of people may bring a claim:
As a result, if the deceased left no Will, excluded you from their Will, or failed to provide adequately for your needs, you may have grounds to pursue a claim.
Crucially, you must normally bring an Inheritance Act claim within six months of the Grant of Probate being issued. For this reason alone, you should seek legal advice as soon as possible.
Nevertheless, the court does retain discretion to allow claims outside this timeframe. That said, such extensions are not automatic. Therefore, if the deadline has passed, you should obtain specialist advice immediately.
At NJS Law, we recognise that contentious probate disputes often involve grief, stress, and family tension. Accordingly, we take a measured and supportive approach while providing clear, decisive legal guidance.
Our contentious probate solicitors regularly assist clients with:
Throughout the process, we actively investigate the facts, gather evidence, and advise on the most effective strategy to resolve the dispute—often without the need for court proceedings.
Importantly, our team has extensive experience handling contentious probate and Inheritance Act claims. We combine technical expertise with a practical, client-focused approach.
Where appropriate, NJS Solicitors can act on a No Win No Fee basis, thereby reducing financial risk and improving access to justice.
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