Why It’s Important to Act Quickly in Contentious Probate Cases

April 2025

Dealing with the loss of a partner or other close family member is one of the most difficult things most people will ever have to deal with. In addition to the grieving process, there are unfortunately all kinds of practical and administrative tasks that need to be dealt with in the time right after a death. These can put a huge amount of strain on people who often feel that they don’t have very much left to give.

This additional strain can be especially difficult to manage if there are any complicated family dynamics at play. Disagreements about a Will or estate – no matter how small they might seem – can make an already tough situation feel impossible.

Disagreements after a death can be about a whole range of things. They might arise because:

• Not everyone agrees that the Will is valid.
• There have been accusations of undue influence.
• Someone who expected to benefit from the estate has been cut out of the Will.
• There have been unequal bequests in the Will.
• Someone feels they were made a promise about an inheritance that has not been kept.
• Some beneficiaries feel that they have not been adequately provided for.
• There are different opinions about how the administration of the estate should be handled.

Whatever the specifics of the situation, if you’re facing a dispute of this sort, it really is important to take it seriously. We always recommend that our clients act quickly in potential contentious probate cases.

Below, we’ve set out the three major reasons why we believe this is so important.

Acting quickly can mean that the issue can be resolved more easily

Even disagreements that seem small can develop into much bigger problems if they’re left to fester. Though it might be tempting to ignore any issues and hope they go away on their own, in our experience, it’s far better to address any potential concerns straight away. Often, some direct and empathetic conversation can help family members to resolve arguments quickly between themselves.

In situations where this isn’t possible, seeking professional legal advice early on can be a really positive step. This can help everyone recognise where they stand from a legal perspective.

The earlier beneficiaries seek to resolve an issue, often the more likely it is that everyone involved will be willing to fully engage in the mediation process. This can make it far more likely for the dispute to be resolved without the necessity of taking the issue to court. This is almost always preferable, as it can be much quicker, much less expensive and much less stressful. It also offers the best chance of preserving family relationships.

Acting quickly can avoid financial complications with the estate

Though it can be possible to challenge a Will or bring an inheritance claim after probate has been granted and an estate has been distributed to beneficiaries, after this point it generally becomes much more complicated.

Potential claimants have a much better chance of success if they act before probate is granted. In these situations, it will often be possible to ‘enter a caveat’ against the estate, which means that no one will be able to be granted probate for the estate for a set period of time. This can buy more time to explore legal options and decide on next steps.

Acting quickly can ensure you meet certain deadlines and time restrictions

 Some types of challenges and claims need to be made within certain timeframes. For example, if you wish to make an inheritance claim under the Inheritance (Provision for Family and Dependents) Act 1975 on the basis of reasonable financial provision, you would need to lodge this claim within six months of a grant of probate being issued.

Though for some types of legal action you could technically have as many as six or twelve years to take action, in practice the courts would likely not look favourably on any claimants who wait this long. Courts have the power to refuse any claims that they consider to be unduly delayed.

Saying that, it is still worth seeking specialist advice from a solicitor if you have already missed these time restrictions. The courts do have the power to consider claims beyond the usual deadlines in exceptional circumstances.

Whether you’re dealing with the early stages of a dispute or whether you’ve been in a difficult situation for some time, our experienced probate solicitors are here to help you.