Contentious Probate and Will Disputes in Kent: When a Loved One’s Legacy Becomes a Legal Battle

Few things feel more unsettling than discovering that a loved one’s will has sparked disagreement, confusion, or outright conflict. At a time when families expect clarity and closure, they can instead find themselves facing uncertainty, tension, and difficult questions. If you’re dealing with a will dispute in Kent, you are far from alone  and you don’t have to navigate it without support. In this article Solicitor Leigh Prebble-Benn  of the Kingsfords' Litigation & Disputes Team with local office in Ashford, Cranbrook and Hythe considers this delicate but thorny issue.

Across the UK, contentious probate disputes are at record levels, and Kent is no exception. With an ageing population, increasingly complex family structures, and rising property values, wills are being challenged more often than ever before. As solicitors with offices in Ashford, Cranbrook, and Hythe, we see first-hand how emotionally charged and legally complex these situations can become.

Let’s unpack the most common issues, answer the questions people are actually searching for, and most importantly  reassure you that help is available.

Why Are Will Disputes on the Rise?

Once upon a time (legally speaking), families were simpler. Today, many estates involve:

• Second marriages and blended families
• Stepchildren and estranged relatives
• Informal promises that never made it into writing
• Property values that turn modest estates into high-stakes assets

Add longer life expectancy and conditions such as dementia, and it’s easy to see why disputing a will in Kent has become more common.

When significant assets are involved particularly family homes emotions can run high. Suddenly, everyone remembers that “Mum always said the house would be mine.”

What Is Contentious Probate?

Contentious probate refers to disputes arising from the administration or validity of a will, or how an estate is being handled. These disputes often involve family members, executors, or beneficiaries which makes them legally tricky and emotionally delicate.

Common areas include:

• Challenges to the validity of a will
• Disagreements over how an estate is distributed
• Executor disputes or removal
• Claims under the Inheritance (Provision for Family and Dependants) Act 1975

In short: it’s probate, but with tension.

Challenging the Validity of a Will

One of the most frequent issues we see involves concerns about whether a will is actually valid.

Capacity and Undue Influence

To be valid, a will-maker must understand:

• What they are doing
• The extent of their assets
• Who they should reasonably consider when making provisions

Where capacity is in doubt particularly in later life disputes may arise. This is often linked to medical conditions or sudden changes to long-standing wills.

Then there’s undue influence, which is essentially legal speak for: “Was someone leaning a bit too heavily on their shoulder?” If a will appears to benefit one individual disproportionately — especially if they were heavily involved in the will’s creation alarm bells can ring.

The Risks of DIY Wills

One of the fastest-growing causes of disputes is the validity of DIY wills.

Online templates and home-made wills may seem convenient (and cheap), but they often fail to account for:

• Complex family dynamics
• Proper witnessing requirements
• Clear wording and legal structure

A missing signature or ambiguous clause can be all it takes to unravel a will entirely. Sadly, we often meet families who discover too late that saving money upfront has cost the estate far more in legal fees down the line.

“How Do I Remove an Executor?”

This is one of the most searched questions in contentious probate — and for good reason.

Executors are legally responsible for administering the estate properly. But what happens when an executor:

• Delays unnecessarily
• Acts unfairly or refuses to communicate
• Has a conflict of interest
• Simply isn’t up to the job

If an executor isn’t acting in the best interests of the estate, it may be possible to apply to the court for their removal or replacement. This is a serious step, but sometimes it’s the only way to move things forward.

And yes — we’ve seen family WhatsApp groups implode over this exact issue.

Inheritance Act Claims: When a Will Leaves Someone Out

Another common issue involves Inheritance Act claims.

Under the Inheritance (Provision for Family and Dependants) Act 1975, certain people may be able to claim reasonable financial provision from an estate — even if the will doesn’t include them.

This can apply to:

• Spouses or civil partners
• Former spouses
• Children (including adult children)
• Financial dependants

These claims are particularly common in blended families, where long-term partners or children from previous relationships feel unfairly excluded.

Timing matters here — claims must usually be brought within six months of probate being granted — so early advice is crucial.

Disputing a Will in Kent: Why Local Expertise Matters

Every probate dispute is unique, but local knowledge genuinely helps. Property values, family homes, and rural estates often play a central role in Kent-based disputes, and understanding the local landscape can make a real difference.

With offices in Ashford, Cranbrook, and Hythe, we’re well placed to support clients across Kent — whether that means a quiet conversation in person, or swift action to protect your position.

A Human Approach to a Legal Problem

Let’s be honest: no one plans to be involved in a will dispute. These situations often arise during grief, stress, and emotional exhaustion.

We believe contentious probate isn’t just about legal arguments — it’s about listening, explaining things clearly, and helping you feel less overwhelmed. You don’t need to arrive knowing the right terminology or having all the answers. That’s our job.

And yes, sometimes we even manage to share a wry smile about the quirks of family life along the way.

When to Seek Advice

If you’re asking yourself:

• “Is this will actually valid?”
• “Can I challenge what’s happened?”
• “What are my rights here?”

…it’s probably time to talk to someone.

Early advice can often prevent disputes from escalating — and in many cases, avoid court altogether.

A Final Word — And a Friendly Invitation

If you’re facing a will dispute, questioning an executor’s actions, or simply feeling uneasy about how an estate is being handled, you don’t have to carry it alone.

We offer not just legal expertise, but a sympathetic ear, practical guidance, and clear next steps whether you’re in Ashford, Cranbrook, Hythe, anywhere across Kent or further afield.

Sometimes, the first step is just a conversation. And we’re always happy to listen.

If you  are an executor or beneficiary under a will, a family member or someone financially dependent on the deceased and require advice, our experienced Litigation & Disputes Team  is on hand to assist you.

To discuss how we can help, please contact your local Kingsfords office in Ashford, Cranbrook and Hythe . Alternatively, you can Get In Touch via our website, or by calling us on 01233 665544.