What is a contentious probate?

Answer

Contentious probate is when someone raises a legal dispute in relation to a Will or the way a Will is being administered, or, where probate is contested when there is no Will. 

Many disputes are related to the validity of a Will often based on allegations of the testator lacking mental capacity or being unduly influenced by others for instance. Someone could also dispute a Will if they have been excluded and believe they are entitled to an inheritance. This avenue is also available in cases where there is no Will, and the statutory intestacy rules are unfavourable. This type of claim is called an Inheritance Act claim. 

To succeed, individuals must demonstrate genuine financial need and evidence of the deceased person's financial support during their lifetime. Contentious probate can also cover disagreements between beneficiaries or where an executor is believed to have mismanaged an estate or the value of the assets is disputed.