Contentious Probate: How to Reduce the Risk of Inheritance Disputes

Colin Barrett
Jul 9
2 min read

Avoiding family conflict through clear, careful planning.

When Wills Lead to Arguments, Everyone Loses

More families than ever are finding themselves in conflict after the death of a loved one. The cause? A Will that’s unclear, out of date, or doesn’t reflect the complexity of modern relationships.

Contentious probate refers to legal disputes over a deceased person’s estate. These disputes can delay probate, drain estate value, and leave lasting damage to family relationships.

But most of them are avoidable.

Common causes of inheritance disputes

Poorly drafted or unclear Wills Confusion over wording leads to misunderstanding and conflict.
Second marriages and blended families Stepchildren or estranged relatives feel unfairly treated.
Unexpected or last-minute changes Sudden updates may be questioned or challenged.
Disinherited or dependent individuals Those left out may bring claims under the Inheritance (Provision for Family and Dependants) Act 1975.

What can be challenged?

The Will’s validity (e.g. lack of capacity or undue influence)
The way the estate is being administered
The size or absence of an inheritance

These challenges often end up in court unless properly prepared for.

How to reduce the risk

✅ Use a qualified professional to draft your Will ✅ Keep your Will updated and relevant ✅ Include a Letter of Wishes to explain your decisions ✅ Consider trusts for complex situations ✅ Be open (where appropriate) with your family about your intentions