Contentious Probate Solicitors
Resolving contentious & contested probate and will disputes
Our contentious probate solicitors offer legal advice to people who feel that their loved one's estate is not being handled correctly or that the wishes of the deceased are not being followed.
Our team provide advice on will disputes, removing an executor, challenging or defending a will and contests where there is no will.
Contentious probate issues we can advise on include:
- Removing or challenging an executor
- Challenges to the validity of a will
- Disputes between executors, beneficiaries and trustees
- Disputes among beneficiaries over how an estate is distributed
- Contesting or defending probate when there is no will
- Claims by individuals who believe they were wrongly excluded from a will or trust
- Legal issues between the estate and creditors or debtors
- Trust disputes
- Proprietary Estoppel
- Inheritance Act claims
Our team understands that being involved in probate disputes concerning wills, trusts, and estate litigation can be both stressful and emotionally challenging, especially when you are grieving, so we work with you to find the best resolution in your specific circumstances.
Request legal advice on contentious probate
Why choose us as your contentious probate solicitors?
Our contentious probate team work with you to understand your goals.
Our pragmatic approach and professional team have expertise in resolving will disputes, inheritance claims, trust disputes and executor issues with legal advice based on experience.
External recognition: Our contentious probate team includes members of the Society of Trust and Estate Practitioners (STEP) and the Association of Contentious Trust and Probate Specialists (ACTAPS). Our team is ranked by the Legal 500 and Chambers & Partners High Net Worth guide for private wealth disputes.
Trusted advice: Our firm has a reputation for clear communication and legal excellence, achieving a 4.9 out of 5 rating on Review Solicitors.
Free consultations: We offer a free, confidential consultation where we will assess your potential dispute, explain your options to you and give you an honest opinion on your case.
Transparent pricing: We understand legal fees are a concern. We provide transparent pricing from the outset. Wherever possible, we resolve disputes through negotiation and mediation to avoid the cost of Court proceedings.
Our lawyers offer down-to-earth, practical, and straightforward advice to achieve the best outcome for you and your family.
Meet our contentious probate solicitors
Craig Ridge
Partner and Head of Contentious Probate
Georgia Stott
Senior Associate - Contentious Probate
Georgia McCutcheon
Associate - Contentious Probate
Joseph Martin
Senior Associate - Contentious Probate
Elizabeth Tolmie
Associate - Contentious Probate
Recent case example
We recently represented the sole beneficiary and the daughter of the deceased in an inheritance dispute where another beneficiary threatened to challenge the validity of the will, claiming a later version of the will existed which left the entire estate to them.
The threat over the validity of the will delayed the estate administration for almost 12 months, which caused considerable upset to our client who couldn't receive her inheritance as the executors were forced to put the administration on hold
We took decisive action by writing to the opposing party with a formal "Put up or Shut up" application which clearly outlined the legal framework and demanding they either progress their challenge or withdraw it.
When faced with the strength of our client's legal position, the opposing person abandoned their claim. The executors were able to proceed with administering the estate, and our client received the inheritance she was rightfully entitled to.
This case demonstrates the importance of taking swift, strong action with the right legal advice when faced with threats to challenge a will.
How can our contentious probate solicitors help?
There are many ways our team can help you resolve a dispute over a will or inheritance including:
Actions to remove an executor
There may be many reasons why a beneficiary considers it necessary to challenge an executor. They may think that they are not appropriate for the role or that their conduct is not in accordance with the terms of the will.
Our contentious probate solicitors have an enviable track record in dealing with a variety of executor disputes, including replacing or removing executors.
Challenging or contesting a will
There are several grounds for contesting a will, including a lack of capacity, undue influence, a lack of understanding as to the terms of the will, decisions having been made based on false information, or the will itself may not have been validly signed or executed. Our team are experienced in all grounds to challenge the validity of a will.
Defending or challenging probate when there is no will
Although you can't challenge a "will" when there is no will, you may be able to contest how the estate is distributed under the rules of intestacy by making a claim under the Inheritance Act 1975 for reasonable financial provision.
Latest successes
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 are the common grounds for contentious probate?
The most common grounds for contentious probate claims are:
Contesting the validity of a will
There are five grounds to contest a will. These include:
- Lack of testamentary capacity – if the deceased did not have the mental capacity to understand the consequences of their will.
- Undue influence – if the deceased was in any way pressured, manipulated, or coerced into making or changing their will.
- Lack of knowledge and approval – if the deceased did not understand or approve the contents of the will, even if they signed it.
- Fraud or forgery – if the will was forged, or the deceased was deceived about its contents.
- Improper execution – if the will was not validly signed or witnessed in accordance with the Wills Act 1837
Inheritance Act Claims
In some circumstances, people can claim a reasonable financial provision from an estate if they have not been adequately provided for under a will or the intestacy rules. This is in accordance with the Inheritance (Provision for Family and Dependants) Act 1975.
Those entitled to claim include spouses, civil partners, children (including adult children), those treated as children of the deceased, and those maintained by the deceased for at least two years before their death.
Claims must be brought within six months of the Grant of Probate or Letters of Administration being issued.
Removal of an executor
Beneficiaries may wish to have an executor removed if:
- The executor is failing to administer the estate properly or in accordance with the will's terms
- There are unreasonable delays in administration
- The executor has a conflict of interest
- The executor is mismanaging estate assets
- The executor is refusing to provide information to the beneficiaries
- There has been a breakdown in the relationship between the executor and the beneficiaries
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?
Time limits for contentious probate claims depend on the type of claim you're bringing. While some probate disputes have strict legal deadlines, others must be brought within a reasonable timeframe.
It varies depending on the type of claim and the engagement of the people involved. If everyone is reasonable in their approach and able to resolve matters without involving the Court, a contentious probate dispute can be resolved within a few months. However, particularly contentious estates that encounter multiple issues and claims can take years to be resolved. On average, claims are resolved in approximately 18 months.
The costs vary greatly depending on the type of claim and conduct of the parties. If everyone involved engages reasonably and resolves matters without the need to involve the Court, costs can range from £5,000 to £10,000 plus VAT. However, if a dispute proceeds to a contested Court hearing, each side may have incurred tens of thousands of pounds in costs by the time it is resolved.
Contentious probate solicitors are often needed to handle disputes when someone believes that a will, trust, or estate is being mismanaged, distributed unfairly or not following the wishes of the deceased.
They advise and represent:
- Executors, when facing claims or challenges over how they manage an estate
- Beneficiaries, who may be disputing their entitlement or the will's validity
- Trustees, who are drawn into disputes about how trusts are administered
- Other parties include family members, creditors, or excluded individuals.
Our contentious probate solicitors work to settle probate disputes before court action where possible - through negotiation, mediation or formal correspondence. When needed, they represent clients in estate litigation, including court claims to contest wills, remove executors, or protect inheritance rights.
In the first instance, it is sensible to contact the executor outlining your concerns.
However, if you need to apply to the Court, then evidence of serious misconduct or failure to perform their duties will be required, as courts rarely remove an executor for simple disagreements.
There are several grounds to apply for the removal of an executor, including:
- A conflict of interest
- Improperly applying the law
- A refusal to communicate or a refusal to act.
- Unfit to continue their duties
- Excessive delays
- Failing to adhere to the instructions of the will.
It is important to recognise that the Court will not generally remove an executor simply because there is some friction or hostility between the executors and beneficiaries.
Examples of contentious probate disputes include:
- Disputes between executors or trustees regarding how an estate or trust should be administered.
- Beneficiaries' claims that an executor or trustee is failing to comply with their duties to administer an estate or trust properly.
- Claims by individuals that a will or trust document is not valid.
- Claims by third parties against a will or trust.
- Claims about the beneficial ownership of properties.
- Claims against an estate for reasonable financial provision where an individual feels they have not been adequately provided for by a will or the rules of intestacy.
- Claims challenging the presumption that an individual has died intestate if a valid, original will cannot be located.
- Claims that a will fails to record the deceased's true wishes accurately.
This is not an exhaustive list, highlighting the complexity and depth of contentious probate disputes.
There is no legal requirement to have a solicitor to bring or defend a contentious probate claim. However, it is strongly advisable to seek legal advice.
Contentious probate cases, whether you are challenging the validity of a will, removing an executor or making an inheritance act claim, involve complex legal procedures, which is where specialist contentious probate legal advice can be invaluable in assessing the strength of the case, gathering evidence, preparing Court documentation and guiding you through negotiations, mediation, or Court proceedings.
If you are looking to make a contentious probate claim, you will need evidence to prove your case. The evidence required varies depending on the type of claim you're looking to make.
For example, if you are challenging the validity of a will on the grounds of lack of capacity, then you will need evidence such as the medical records of the deceased. However, if you're looking to challenge the will on the grounds of undue influence, then the evidence is more likely to be witness statements about relationship dynamics.
If you are looking to make a claim for reasonable financial provision, the evidence you need includes proof of your financial dependency on the deceased, which can be found in financial documents and expenditure records, such as utility bills.
To remove an executor for breach of their duties, you would need evidence to show that they are unsuitable or incapable, such as failing to keep proper accounting records.
Without sufficient evidence, even a justified claim may not succeed, as the Court relies on proof before making any order.
Do not delay gathering evidence. Witnesses' memories fade and documents may be lost. We can advise on what evidence is available and how to obtain it, including through Court disclosure orders if necessary.
Generally, each side initially pays their own legal costs. At the conclusion of the case, the Court determines who should bear the final costs.
Usually, the unsuccessful side is ordered to pay the other side's costs, but contentious probate has special rules. In some circumstances, the Court may order that costs are paid from the estate itself, particularly where:
- The deceased caused the dispute (e.g. an ambiguous will)
- There were reasonable grounds to investigate the matter
- Executors acted neutrally to establish the will's validity
We'll discuss the costs position thoroughly with you, including potential risks, before proceeding with any action.
Yes, you can stop probate from being granted by entering a caveat at the Probate Registry.
This prevents the Grant of Probate or Letters of Administration being issued for six months, which gives you time to investigate concerns, gather evidence, and seek legal advice.
The caveat lasts six months but can be renewed.
Once a Grant is issued, it becomes much harder to challenge the will or prevent the distribution of estate assets.
