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 conduct, and Chancery Division bundle requirements.
Quick Answer
A contentious probate court bundle is the indexed, paginated set of documents filed with the Chancery Division (Business and Property Division from 1 October 2026) or County 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. If the bundle does not meet court requirements, the court may refuse to accept the bundle or make adverse costs orders.
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 designed to follow the Chancery Guide's e-bundle requirements.
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 | Probate case law (no presumption) | 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 because of a clerical error or a failure to understand the testator's instructions |
| Proprietary estoppel | Equity | Claimant relied to their detriment on a promise by the deceased |
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 formed a subsequent marriage or civil partnership
- A child of the deceased (including adult children)
- A person treated as a child of the family
- A person who lived with the deceased as if married or in a civil partnership for the whole of the two years immediately before the death (s.1(1)(ba))
- 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 (a claim may also be made before the grant).
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. There is no general power in England and Wales to dispense with the formalities; rectification under s.20 AJA 1982 corrects the terms of a valid will for clerical error or misunderstood instructions.
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 |
The Banks v Goodfellow test, not the Mental Capacity Act 2005 test, continues to govern testamentary capacity (Re Clitheroe [2021] EWHC 1102 (Ch) at [56]).
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 (Re Edwards [2007] EWHC 1119 (Ch) at 47). It must be the most likely explanation of the evidence (Rea v Rea [2024] EWCA Civ 169 at [31]–[32]).
The principles are summarised in Re Edwards [2007] EWHC 1119 (Ch) at [47] and applied by the Court of Appeal in Rea v Rea [2024] EWCA Civ 169; Schrader v Schrader [2013] EWHC 466 (Ch) is an example in which undue influence was found, taking account of vulnerability, dependency and the circumstances of the will.
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 by a Part 8 claim under CPR Part 64 (CPR 64.2–64.3), and the court bundle must include any relevant correspondence with the personal representatives, their solicitors' letters, and any accounts of the estate.
Pre-action conduct in probate disputes
Before issuing proceedings, parties are expected to comply with the Practice Direction — Pre-Action Conduct and Protocols.
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 (14 days in a straightforward case, up to 3 months in a very complex one: PD Pre-Action Conduct para 6(b)) |
There is no approved pre-action protocol for probate disputes; the Practice Direction – Pre-Action Conduct and Protocols applies.
Starting Proceedings: Court Procedure
Contentious probate claims are issued in the Chancery Division of the High Court (any value) or in the County Court (only where the net estate does not exceed £30,000: 1991 Order art 2(7B)). Inheritance Act claims may be brought in the County Court or the High Court (Chancery or Family Division) (CPR 57.15; County Courts Act 1984 s.25).
Claim Form and Particulars
- Claim form (N2, probate claim): 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 CPR 57.7 for what the statements of case must contain
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 (a defendant who does not raise a positive case may insist on proof in solemn form: CPR 57.7(5)) |
| Disclosure | Disclosure as directed (PD 57AD in the Business and Property Courts; CPR Part 31 in the County Court) |
| 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), CPR r.39.5 and Practice Direction 32 para 27 (trial bundles). 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: Where file sizes are large, do not split sensibly bundled documents just for transmission; use CE-File, the Document Upload Centre or a secure download link (Chancery Guide Appendix X paras 15–16)
- Court copies: Check the court's specific requirements — the Chancery Division takes electronic trial bundles only, unless the court asks for hard copy (Chancery Guide para 12.32)
Practical tip: Contentious probate bundles frequently include voluminous medical records. In an electronic bundle the page numbers must match the PDF page numbers, starting at page 1 (Chancery Guide Appendix X para 12(j)); use bookmarks for each section rather than section-restart numbering.
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 representation |
| 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 the Access to Health Records Act 1990 (a deceased person's records are not personal data under the Data Protection Act 2018, s.3(2)); a personal representative or anyone with a claim arising from the death may apply (s.3(1)(f)), and access is due within 21 or 40 days (s.3(5)) |
| Bundle not paginated consecutively | The court may refuse the bundle or make an adverse costs order | 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 |
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 representation (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 well-organised 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. 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 (Kostic v Chaplin [2007] EWHC 2909 (Ch) at [5]). 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) sends you a copy of any grant issued in the 12 months before, or the 6 months after, you enter it, and can be extended (NCPR r.43); it does not warn you before a grant issues.
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 extended in the last month on form PA8B. Entering a caveat is appropriate where you have genuine grounds to challenge the will and need time to investigate. The person seeking the grant 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. The court may order ADR (CPR 3.1(2)(o)) and unreasonable refusal can affect costs (CPR 44.2(5)(e)); mediation often suits family disputes 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. Tax advice should be taken on any variation or settlement.
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), you will need a short bundle containing the relevant pleadings, any draft orders, and the specific documents referred to in any skeleton arguments. For trial, the claimant must file the full trial bundle — potentially hundreds of pages — as the court directs, not more than 7 and not less than 3 days before trial (CPR r.39.5(2)); in the Chancery Division these are clear days (Chancery Guide para 12.40).
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 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 dependant, BundleCreator.co helps you build a bundle designed to follow the Chancery Division's bundle guidance 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 on 27 September 2026.
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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