Contentious Probate Court Bundle: A Complete Guide
Everything you need to know about preparing a contentious probate court bundle. Covers Inheritance Act 1975 claims, will validity challenges under the Wills Act 1837, testamentary capacity (Banks v Goodfellow), undue influence, Pre-Action Protocol, and Chancery Division bundle requirements.
In Brief
Everything you need to know about preparing a contentious probate court bundle. Covers Inheritance Act 1975 claims, will validity challenges under the Wills Act 1837, testamentary capacity (Banks v Goodfellow), undue influence, Pre-Action Protocol, and Chancery Division bundle requirements.
Contentious Probate Court Bundle: A Complete Guide
Last updated: March 2026
Facing a contentious probate dispute? Whether you are challenging the validity of a will or bringing an Inheritance Act claim, your court bundle is the foundation of your case. BundleCreator.co produces bundles built around CPR Part 57, the Chancery Guide and Practice Direction 32 for contentious probate disputes, with pre-loaded document templates and sequential pagination to satisfy Chancery Division requirements.
Quick Answer
A contentious probate court bundle is the indexed, paginated set of documents filed with the Chancery Division or Family Court when a will or estate distribution is disputed. It must include the deceased's will, grant of probate (if issued), testamentary capacity evidence, medical records, financial records, and all correspondence. Most cases require bundles of 150–400 pages, and non-compliance with court bundle requirements can result in adjournment, wasted costs orders, or strike-out.
What Is Contentious Probate?
Contentious probate covers any legal challenge to the validity of a will, to the administration of a deceased person's estate, or to entitlement under it. The primary routes of challenge are:
| Type of Claim | Legal Basis | Key Threshold |
|---|---|---|
| Inheritance Act claim | Inheritance (Provision for Family and Dependants) Act 1975 | Applicant was not reasonably provided for |
| Will validity challenge | Wills Act 1837, s.9 | Will not properly executed or attested |
| Testamentary capacity | Banks v Goodfellow (1870) LR 5 QB 549 | Testator lacked mental capacity at execution |
| Undue influence | Equity / common law | Testator's free will was overborne |
| Fraud or forgery | Criminal and civil law | Will is not genuine |
| Rectification | Administration of Justice Act 1982, s.20 | Will fails to carry out the testator's intention due to clerical error |
| Proprietary estoppel | Equity | Claimant relied to their detriment on a promise by the deceased |
According to HMCTS data, probate applications have risen sharply: in 2023–24, HM Courts & Tribunals Service received 109,000 probate applications, of which a growing proportion are contested. The Law Society has noted a marked increase in Inheritance Act claims since 2020, driven partly by rising property values and blended family structures.
The Legal Framework
The Inheritance (Provision for Family and Dependants) Act 1975
The 1975 Act allows certain categories of person to apply to the court if the deceased's will (or the intestacy rules) fails to make reasonable financial provision for them. Eligible applicants include:
- The spouse or civil partner of the deceased
- A former spouse or civil partner who has not remarried
- A child of the deceased (including adult children)
- A person treated as a child of the family
- Any person maintained by the deceased immediately before death
The standard of provision differs: a surviving spouse is entitled to such provision as is reasonable in all the circumstances (a higher standard), while all other applicants are limited to provision reasonable for maintenance.
Claims must be issued within six months of the grant of probate or letters of administration, although the court has a discretion to extend time under s.4.
The Wills Act 1837
Section 9 of the Wills Act 1837 sets out the formal requirements for a valid will:
- The will must be in writing
- It must be signed by the testator (or by another person in the testator's presence and by their direction)
- The testator must intend by their signature to give effect to the will
- The signature must be made or acknowledged in the presence of at least two witnesses present at the same time
- Each witness must attest and sign the will (or acknowledge their signature) in the testator's presence
Failure to comply with any of these requirements renders the will invalid unless the court exercises its rectification jurisdiction under the Administration of Justice Act 1982.
The Banks v Goodfellow Test for Testamentary Capacity
The classic four-part test from Banks v Goodfellow (1870) LR 5 QB 549 remains the governing standard. The testator must, at the time of execution:
| Limb | Requirement |
|---|---|
| 1. Nature of the act | Understand that they are making a will and its effects |
| 2. Extent of property | Have a general understanding of the extent of the property they are disposing of |
| 3. Claims of others | Appreciate the claims of those who might expect to benefit |
| 4. No disorder of mind | Not be subject to any disorder of the mind that poisons the affections, perverts the sense of right, or prevents the exercise of the natural faculties |
In Walker v Badmin [2014] EWHC 71 (Ch), the court confirmed that the standard is not a high one: a testator may have significantly reduced mental capacity and still retain testamentary capacity, provided the four limbs are satisfied.
Undue Influence
Unlike in general contract law, there is no presumption of undue influence in will cases. The party alleging it must prove, on the balance of probabilities, that the testator's will was coerced — that is, that the influence was such as to overpower the volition of the testator without convincing their judgment (Wingrove v Wingrove (1885) 11 PD 81).
The leading modern authority is Schrader v Schrader [2013] EWHC 466 (Ch), where the court set out the relevant factors in assessing allegations of undue influence, including the vulnerability of the testator, the opportunity for influence, the conduct of the alleged influencer, and the unexplained departure from previous testamentary intentions.
The Administration of Estates Act 1925
The 1925 Act governs the distribution of estates on intestacy and the duties of personal representatives. Where the estate is disputed, personal representatives may seek directions from the court under the Act's provisions, and the court bundle must include any relevant correspondence with the personal representatives, their solicitors' letters, and any accounts of the estate.
Pre-Action Protocol for Contentious Probate
Before issuing proceedings, parties are expected to comply with the Practice Direction — Pre-Action Conduct and Protocols, and specifically the pre-action steps recognised in the Chancery Guide.
Pre-Action Steps
| Step | What Is Required |
|---|---|
| Letter before claim | Set out the nature of the claim, the legal basis, and the remedy sought |
| Disclosure of documents | Each party should disclose documents relevant to the issues without delay |
| Expert evidence | Parties should consider jointly instructing experts (particularly medical experts on capacity) before proceedings |
| Alternative Dispute Resolution | Parties must consider mediation or other ADR; unreasonable refusal to mediate may attract a costs penalty |
| Response | The defendant should respond within a reasonable time (typically 21 days) |
The Pre-Action Protocol for Contentious Probate was not yet a standalone protocol as of March 2026, but the Chancery Division's Practice Direction 57A (Probate) and the Chancery Guide (2022) both emphasise proportionate conduct and early disclosure.
Starting Proceedings: Court Procedure
Contentious probate claims are issued in the Chancery Division of the High Court (for higher-value or complex cases) or in the County Court (for lower-value matters, usually under £50,000). Inheritance Act claims may also be brought in the Family Court.
Claim Form and Particulars
- Claim Form (N1): Used to commence the action
- Particulars of Claim: Must specifically plead the ground of challenge (e.g. lack of testamentary capacity, undue influence, want of knowledge and approval)
- Probate claim (Part 57): Claims under CPR Part 57 have specific requirements — see PD57 for the mandatory content of the particulars
Key Procedural Stages
| Stage | What Happens |
|---|---|
| Issue and service | Claim form issued and served on defendants |
| Defence and counterclaim | Defendant files defence; executor may seek to pronounce in solemn form |
| Disclosure | Standard disclosure of documents under CPR Part 31 |
| Witness statements | Exchanged simultaneously on a timetable set by the court |
| Expert evidence | Medical experts on capacity; handwriting experts for forgery cases |
| Pre-trial review | Case management hearing to finalise trial directions |
| Trial | Full hearing in Chancery Division or County Court |
What Your Contentious Probate Court Bundle Must Include
The following checklist sets out the documents required for a typical contentious probate bundle. The exact contents will depend on the ground of challenge.
Core Documents (All Cases)
| # | Document | Notes |
|---|---|---|
| 1 | The will being challenged | Certified copy; include all codicils |
| 2 | Any earlier wills | Relevant to instructions and testamentary intention |
| 3 | Grant of probate / letters of administration | Or confirmation none has been granted |
| 4 | Death certificate | Certified copy |
| 5 | Particulars of Claim | Signed statement of truth |
| 6 | Defence (and any counterclaim) | |
| 7 | Correspondence between solicitors | Pre-action letters before claim and responses |
| 8 | Court orders | All orders made to date, including directions |
Capacity and Validity Challenges
| # | Document | Notes |
|---|---|---|
| 9 | Medical records of the testator | GP notes, hospital records, psychiatric assessments |
| 10 | Solicitor's attendance notes | From the will-drafting appointment (subject to privilege waiver if needed) |
| 11 | File notes of will-drafting solicitor | Instructions, file review, evidence of capacity assessment |
| 12 | Expert medical report | Retrospective capacity assessment by medical expert |
| 13 | Witness statements from attesting witnesses | First-hand evidence of execution |
| 14 | Witness statements from family / carers | Evidence of the testator's condition around the time of execution |
Inheritance Act 1975 Claims
| # | Document | Notes |
|---|---|---|
| 15 | Schedule of the deceased's estate | Full list of assets and liabilities at date of death |
| 16 | Valuation evidence | Property valuations, business valuations |
| 17 | Financial disclosure — applicant | Income, capital, needs, obligations |
| 18 | Financial disclosure — beneficiaries | Means of those who will bear the burden of provision |
| 19 | Evidence of the relationship | Marriage certificate, dependency evidence, correspondence |
| 20 | Witness statements | Setting out the applicant's needs and circumstances |
Undue Influence
| # | Document | Notes |
|---|---|---|
| 21 | Evidence of the deceased's vulnerability | Medical records, care records, evidence of dependence |
| 22 | Evidence of the alleged influencer's opportunity | Correspondence, records of visits, financial transactions |
| 23 | Evidence of unexplained change | Previous wills, instructions, notes from solicitors |
| 24 | Financial transactions | Bank statements showing transfers; gifted assets |
Structuring the Bundle: CPR Part 57 and the Chancery Guide
Contentious probate bundles filed in the Chancery Division are governed by CPR Part 57 (Probate and Inheritance Act claims), the Chancery Guide (2022), and Practice Direction 32 (which sets the format for witness statements). PD27A is a Family Procedure Rules direction and does not apply to Chancery probate proceedings. The key requirements are:
- Chronological order within sections: Documents are arranged chronologically within each tab or section
- Consecutive page numbering: Every page of the bundle carries a unique page number, running from page 1 to the end
- Index: A detailed index listing every document with its page reference must appear at the front of the bundle
- Bookmarks (e-bundles): Electronic bundles must be bookmarked to each document and to each section
- File size: Electronic bundles should not exceed 50 MB per file, with larger bundles split into volumes
- Court copies: Check the court's specific requirements — the Chancery Division typically requires one hard copy and an e-bundle
Practical tip: Contentious probate bundles frequently include voluminous medical records. Use a dedicated section (e.g. "Section D — Medical Records") and paginate them as a sub-range (e.g. D1–D247) to allow the judge to navigate quickly without disrupting the main sequence.
Recommended Bundle Structure
| Section | Contents |
|---|---|
| A — Claim Documents | Particulars of Claim, Defence, any Reply |
| B — Court Orders | All directions orders, unless incorporated into Section A |
| C — The Will and Grant | Will, codicils, grant of probate, death certificate |
| D — Medical Records | GP notes, hospital records, capacity assessments |
| E — Expert Reports | Medical expert reports, handwriting reports |
| F — Witness Statements | Indexed alphabetically or chronologically as ordered |
| G — Financial Documents | Estate accounts, valuations, financial disclosure |
| H — Correspondence | Pre-action correspondence, solicitors' letters |
Common Mistakes and How to Avoid Them
| Mistake | Consequence | How to Avoid |
|---|---|---|
| Missing the Inheritance Act time limit | Court may refuse permission to proceed out of time | Issue within 6 months of the grant of probate |
| No pre-action letter before claim | Adverse costs at the conclusion of proceedings | Send a detailed letter before claim and allow time to respond |
| Inadequate particulars of claim | Claim may be struck out or defendant unable to plead | Specifically plead each ground; seek drafting advice |
| Failure to obtain medical records early | Delay to trial; records may be lost or incomplete | Request GP and hospital records under DPA 2018 as early as possible |
| Bundle not paginated consecutively | Wasted costs order; court may adjourn | Use BundleCreator.co to automate pagination |
| Privilege waiver not considered | Solicitor's attendance notes excluded from evidence | Take specialist advice on implied waiver of privilege in capacity cases |
| Failure to consider mediation | Costs penalty if mediation unreasonably refused | Raise mediation at every stage and document your position |
Statistics and Context
- HMCTS (2023–24): Over 109,000 probate applications received; contested matters represent a growing proportion
- HMRC Inheritance Tax Statistics (2023): The value of estates passing through probate reached approximately £225 billion in 2021–22, up from £168 billion in 2015–16, reflecting increased property values and wealth transfers
- Law Society (2024): Contentious probate is one of the fastest-growing areas of private client litigation, driven by increasing asset values, second marriages, and the rise of digital assets
- Ministry of Justice: The average time to trial in Chancery Division contentious probate cases is 18–24 months from issue; early ADR can reduce this substantially
Frequently Asked Questions
How long do I have to challenge a will?
There is no single time limit for all types of will challenge. For Inheritance Act 1975 claims, you must issue proceedings within six months of the grant of probate (although the court may extend this). For will validity challenges (capacity, undue influence, want of due execution), there is no strict time limit, but delay may be taken into account by the court and may prejudice your case as witnesses' memories fade. Act as promptly as possible.
Can I challenge a will without a solicitor?
Technically yes, but contentious probate litigation is highly technical. The rules of court, the evidential requirements, and the privilege issues around solicitors' attendance notes all require specialist knowledge. A litigant in person can use BundleCreator.co to prepare a compliant bundle, but legal advice on the merits is strongly recommended before issuing proceedings.
What does it cost to bring a contentious probate claim?
Costs vary enormously. A modest Inheritance Act claim may cost £15,000–£40,000 in solicitors' fees per side; a complex capacity challenge or forgery case can run to six figures. The general rule is that costs follow the event (the loser pays), but in probate cases the court has a broader discretion and may order that costs be paid from the estate. Conditional fee agreements (CFAs) and after-the-event (ATE) insurance are commonly used.
What is a standing search and why does it matter?
A standing search (filed at the Probate Registry using form PA1S) alerts you when a grant of probate is applied for in an estate in which you have an interest. It is a vital protective step if you believe a will may be invalid or that you have an Inheritance Act claim, as it ensures you are notified before a grant issues and can take protective steps (such as entering a caveat) promptly.
What is a caveat and when should I enter one?
A caveat (filed at the Probate Registry) prevents a grant of probate from being issued whilst the caveat remains in force. It lasts for six months and can be renewed. Entering a caveat is appropriate where you have genuine grounds to challenge the will and need time to investigate. The personal representative can serve a warning on the caveator, who must then enter an appearance to maintain the caveat, after which the dispute enters the contentious probate process.
Do I need an expert medical report for every capacity challenge?
Not necessarily, but in practice most capacity challenges proceed to trial without one only where the evidence from lay witnesses is overwhelming or the deceased's incapacity was evident from contemporaneous documents. A retrospective capacity assessment by a consultant psychiatrist or geriatrician is the norm in contested capacity cases and carries significant weight with the court. Jointly instructing a single medical expert, where possible, saves costs and avoids the battle of the experts.
Can contentious probate claims be settled out of court?
Yes, and the majority are. Mediation is strongly encouraged by the courts and has a high success rate in probate disputes, which often involve family members where relationships are continuing. Settlements may take the form of a negotiated division of the estate, a lump sum payment, or an agreement to vary the will's effect under the Inheritance Act. Any settlement achieved within two years of death may also benefit from tax efficiency under a deed of variation (Inheritance Tax Act 1984, s.142).
How is the bundle different for a Chancery Division trial versus a short hearing?
At an interim hearing (e.g. a strike-out application or directions appointment), a short bundle of 20–50 pages is typical, containing the relevant pleadings, any draft orders, and the specific documents referred to in any skeleton arguments. For trial, the full trial bundle — potentially hundreds of pages — must be filed and served in accordance with the court's directions, usually 3–5 days before the hearing.
How BundleCreator.co Can Help
Contentious probate bundles are document-intensive and often voluminous. BundleCreator.co handles:
- Automatic consecutive pagination across all documents, regardless of format
- Indexed sections with customisable section headings (A, B, C, or narrative headings as preferred)
- PDF merging of scanned medical records, solicitors' letters, and exhibit bundles into a single compliant file
- Bookmark generation for electronic bundles filed with the Chancery Division
- Template documents for common probate pleadings, capacity schedules, and estate schedules
Whether you are a solicitor managing a complex multi-party probate dispute or a litigant in person bringing an Inheritance Act claim on behalf of a dependent, BundleCreator.co ensures your bundle meets the Chancery Division's requirements and lets you focus on the substance of your case rather than the mechanics of compilation.
This article is for general informational purposes only and does not constitute legal advice. Contentious probate claims are complex; you should seek specialist legal advice before taking any steps. References to legislation are to the law as it stood in March 2026.
Ready to Create Your Bundle?
BundleCreator makes it easy to create Practice Directions compliant court bundles. Start your free trial today.
Start Free TrialFree tools mentioned in this article
Watch the short walkthrough
Short tutorial videos showing the exact BundleCreator features mentioned in this article.
Basics
Getting Started with BundleCreator
A guided tour of BundleCreator — the live activity log on your dashboard, PD-aligned numbering, multimedia evidence uploads, AES-256 encryption, plain-English templates, and timestamped share access. Built for litigants in person and legal professionals across England and Wales.
Onboarding
Creating Your First Bundle
Create a bundle in three clicks — from the dashboard Create Bundle button, through the 23-area-of-law picker, to picking a hearing type and watching the editor open. This walkthrough uses the Pro-tips Starter Bundle as the example so you see the flow without real-case complexity.
Basics
Using Templates Effectively
Over 370 templates across 22 areas of law, written for the UK courts. See how to open a template in the browser editor, type over yellow-highlighted drafting prompts, and produce a polished court document without a blank page to fear.
About the Author
Stevie Hayes
Legal Technology Compliance Specialist & Founder
Former Head of Data Security at Holland & Barrett, a Governance, Risk and Compliance specialist, Stevie brings over 30 years of technology expertise—including delivery for Sky, Disney, and BT—to court bundle compliance. His five years navigating the UK Family Court, both with legal representation and as a litigant in person, revealed the gap between what courts require and what tools deliver.
Areas of Expertise:
ISO 27001 Information Security • Data Security & Compliance • Practice Direction 27A • UK Family Court Procedures