Contentious Probate Solicitors
Guiding you through all aspects of contentious probate
The loss of a loved one is an emotionally challenging time. The last thing you want while going through this difficult situation is to be involved in a disagreement over a will, trust, or the distribution of an estate.
Our experienced, contentious probate solicitors can help you understand the legal aspects of disputing a will, providing the compassionate support and expert guidance you need to navigate these challenging circumstances.
Contentious probate involves disputes arising after a loved one passes away, often concerning their will or the estate distribution.
Our contentious probate experience includes:
- The removal or substitution of executors who aren't acting in the estate's best interests.
- Guiding you through the court process to get clear directions on estate administration.
- Securing the return of estate assets held by executors or beneficiaries.
- Helping formalise the will through the legal process of accepting or refusing probate (citation procedures).
- Obtaining necessary documents, such as wills and other testamentary documents, through legal means if necessary.
- Ensuring executors provide a proper inventory and account of the estate's assets.
- Defending your estate interests by filing legal protections (caveats) against challenges to the will validity or estate administration.
- Representing the estate in legal matters, whether you need to make or defend against claims.
- Providing expert legal advice to beneficiaries, executors and administrators facing estate conflicts.
Request legal advice on contentious probate
Why choose us as your contentious probate solicitors?
Our down-to-earth, friendly and compassionate approach is more than just a promise—it's the heart of our service. You can expect the following from our expert team of contentious probate solicitors:
- Expert and practical guidance: Our experienced and down-to-earth solicitors understand the emotional impact of contentious probate and will guide you through the complexities with care and expertise.
- Personalised solutions: We tailor our advice to your unique circumstances, working towards a resolution that protects your interests and honours the deceased's wishes.
- Exceptional client service: Clear communication, regular updates, and a dedicated team focused on your unique situation.
- Trusted advice: For 150 years, Higgs LLP has provided people-driven legal excellence, achieving a 4.9* rating on Review Solicitors.
- External recognition: The team comprises members of the Society of Trust and Estate Practitioners and the Association of Contentious Trust and Probate Specialists (ACTAPS) and is ranked by the Legal 500 and Chambers & Partners High Net Worth guide for private wealth disputes.
Meet our contentious probate solicitors
Craig Ridge
Partner and Head of Contentious Probate
Georgia McCutcheon
Trainee Solicitor - Contentious Probate
Lillie Fisher
Trainee Solicitor - Contentious Probate
Georgia Stott
Senior Associate - Contentious Probate
Joseph Martin
Senior Associate - Contentious Probate
Elizabeth Tolmie
Associate - Contentious Probate
What is contentious probate?
Contentious probate covers all disputes concerning trusts, wills, and estates. Disputes may arise between executors and trustees or among executors, trustees, and beneficiaries. They could also involve conflicts between beneficiaries, disputes regarding an individual who believes they should be a beneficiary of the trust or estate, or disagreements between creditors, debtors, and the estate or trust.
What does a contentious probate solicitor do?
A contentious probate solicitor advises in relation to all types of claim concerning estates and trusts and wills. This includes acting for executors, trustees, beneficiaries and third parties in relation to claims against an estate, against an executor, trustee, and against a beneficiary.
They act prior to court proceedings having been commenced, including in relation to attempts to settle a dispute, as well as in relation to court proceedings concerning estates, trusts and wills.
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What are the grounds for a contentious probate claim?
There may be various reasons someone is justified in pursuing a contentious probate claim. They could be an executor seeking to administer an estate, but the beneficiaries are refusing to agree the estate accounts. Or a beneficiary may consider that an executor has failed to administer the estate following the terms of the will.
An individual may consider that they are entitled to more than they a gifted in a will or under the intestacy rules. Or an occupant of a property may think they have a beneficial interest in the property. The most important element of any contentious probate claim is establishing the evidence that a wrong has been or is going to be committed.
A lack of evidence can mean that even if a claim feels justified, it is not a worthwhile exercise, as the court will rely on the evidence before making any final order. Sometimes, it is a case of gathering the evidence as we go (for example, correspondence can be used to demonstrate unreasonable conduct).
What are the time limits for contentious probate claims?
Depending on the type of claim, there may be no precise time limit by which you have to make a claim. If the claim is made under the Inheritance (Provision for Family and Dependants) Act 1975 on the basis that the claimant is seeking greater provision from the estate, they have 6 months from the date of the Grant of Probate/Letters of Administration to make their claim without the permission of the court. After that, they will require the court’s permission.
If a claim is challenging the validity of the will for example, there is no strict deadline but a claimant is expected to act within a reasonable period, otherwise a defendant can argue that they should not be allowed to make their claim any more. If the claim is against the estate and based on a contract, for example, there may be a deadline of 6 years, depending on the nature of the contract.
How much does a contentious probate claim cost?
The costs vary greatly depending on the type of claim and conduct of the parties. If the parties are able to engage reasonably and resolve matters without the need to involve the court, costs can be between £5,000 and £12,000. However, if a dispute proceeds to a contested court hearing, it may be that each party has incurred tens of thousands of pounds in costs by the time it is resolved.
How important is the value of the estate?
The value of the estate or trust will be highly relevant to any contentious probate or trust claim. Contentious trusts and probate claims can be costly, time-consuming, and emotionally stressful. Therefore, the value of the claim is relevant to whether it is proportionate to pursue it.
If the value of the estate is unknown, our estate administration team may be able to assist in assessing its value, or we may need to obtain valuations of certain assets.
We must be clear from the outset (where possible) what assets the deceased owned. Of course, this may form part of the subject of the dispute, which will be established as the matter progresses.
