Contentious Probate & Will Disputes

Contentious Probate & Will Disputes

We advise individuals, families, executors, trustees, and beneficiaries on all aspects of contentious probate, estate disputes, and will challenges. We understand that disputes following a death can be both emotionally difficult and legally complex. Our approach is sensitive, practical, and commercially focused, with the aim of achieving the most effective and proportionate outcome for each client.

We act in both pre-action disputes and formal litigation, including High Court proceedings. Our experience extends to complex estates involving substantial assets, multiple beneficiaries, disputed wills, trusts, and cross-border issues.

Probate Disputes

We advise on disputes arising during the administration of estates, including disagreements over entitlement, delays or errors in the probate process, and challenges concerning the proper administration of an estate. Where possible, we seek to resolve issues at an early stage to reduce costs, avoid unnecessary conflict, and protect the value of the estate.

Estate Disputes

Disputes between family members, beneficiaries, executors, and trustees can quickly become complicated and highly contentious. We advise on competing claims, allegations of mismanagement, conflicts of interest, and concerns regarding the handling of estate assets.

Where appropriate, we pursue negotiation and mediation to achieve a practical resolution while preserving relationships and minimising unnecessary expense.

Will Disputes

We act for both claimants and defendants in disputes concerning the validity or interpretation of wills. Our experience includes challenges based on:

  • Lack of Testamentary Capacity – Where there are concerns that the deceased did not have the mental capacity required to make a valid will.
  • Undue Influence – Where it is alleged that the deceased was pressured, coerced, or improperly influenced when making their will.
  • Lack of Knowledge and Approval – Where there are concerns that the deceased did not understand or approve the contents of the will.
  • Improper Execution – Where the legal requirements relating to the signing and witnessing of a will may not have been satisfied.
  • Forgery or Fraud – Where a will, signature, or circumstances surrounding its creation are alleged to involve fraud or forgery.

We regularly handle sensitive and high-value will disputes involving complex family relationships, substantial estates, and international connections.

Inheritance Act Claims

We advise both claimants and estates on claims under the Inheritance (Provision for Family and Dependants) Act 1975.

Such claims may arise where a will or the intestacy rules fail to make reasonable financial provision for an eligible person, including a spouse, former spouse, child, dependant, or qualifying cohabitee.

We provide clear advice on the merits and prospects of a claim, as well as funding, negotiation, mediation, and litigation strategy. Our focus is on achieving a fair and timely resolution while managing the costs and risks involved.

Trust Disputes

We advise beneficiaries, trustees, and settlors on a wide range of trust disputes, including:

  • Alleged breaches of trust
  • Trustee misconduct or mismanagement
  • Disputes concerning the interpretation of trust documents
  • Removal or appointment of trustees
  • Challenges to trust administration
  • Disputes involving complex or offshore trust structures

Our team combines detailed legal analysis with a practical approach designed to protect our clients’ interests and achieve an effective resolution.

Challenging Lifetime Gifts

Lifetime gifts can become a significant source of dispute following a person’s death, particularly where substantial assets were transferred shortly before death or in unusual circumstances.

We advise on challenges involving concerns over mental capacity, undue influence, fraud, or the circumstances in which a gift was made. Such claims may arise alongside will disputes and can be an important part of wider estate litigation.

Court of Protection Disputes

We act in disputes involving the Court of Protection, including matters concerning:

  • Mental capacity
  • Deputyship appointments
  • Decisions made on behalf of vulnerable individuals
  • Financial decisions and transactions
  • Challenges to lifetime gifts
  • Disputed decisions concerning a person’s property or affairs

We provide robust representation while remaining sensitive to the personal and family circumstances that often underpin these disputes.

Executor Disputes

We advise both executors and beneficiaries where concerns arise about the administration or management of an estate.

This includes allegations of unreasonable delay, failure to administer an estate properly, conflicts of interest, inappropriate conduct, or misappropriation of estate assets. Where necessary, we also advise on applications for the removal or substitution of executors.

Intestacy Disputes

When someone dies without a valid will, disputes may arise over who is entitled to inherit and how the estate should be administered.

We advise on disputes involving the intestacy rules, competing beneficiary claims, statutory entitlements, and related Inheritance Act claims. Our advice is designed to provide clarity at an early stage and help clients determine the most appropriate route to resolution.

Our Approach

Our objective is to resolve contentious probate and estate disputes as efficiently and proportionately as possible. We assess the circumstances of each case carefully before advising on the appropriate strategy, whether that involves direct negotiation, mediation, alternative dispute resolution, or court proceedings.

Where litigation is necessary, we provide strategic and determined representation throughout the process, while maintaining a clear focus on costs, risk, and the outcome that matters most to our client.

For details of our contested probate fees, please see our Fees page, or contact us to discuss your circumstances.

Frequently asked questions

A Will may be challenged on grounds including lack of testamentary capacity, undue influence, lack of knowledge and approval of its contents, improper execution (the legal signing and witnessing requirements not being met), or forgery and fraud. Separately, an eligible person may bring a claim for reasonable financial provision under the Inheritance (Provision for Family and Dependants) Act 1975, even where a Will is otherwise valid.

Certain categories of people can bring a claim if a Will, or the intestacy rules, fail to make reasonable financial provision for them. This includes a spouse or civil partner, a former spouse or civil partner who has not remarried, a child of the deceased, a person treated as a child of the family, a person who was being maintained by the deceased, and a cohabitant who lived with the deceased as a couple for at least two years before their death.

Time limits vary depending on the type of claim. A claim under the Inheritance Act 1975 must generally be brought within six months of the date the Grant of Probate or Letters of Administration is issued, although the court has discretion to allow a late claim in limited circumstances. Claims challenging the validity of a Will are not subject to a fixed statutory limitation period, but should be raised as early as possible, ideally before the estate has been distributed. We recommend seeking advice promptly if you are considering a claim.

If a Will is successfully challenged and found to be invalid, the estate is usually administered under an earlier valid Will, or, if there is none, under the intestacy rules. Where a claim is instead brought under the Inheritance Act 1975, the court may order provision to be made for the claimant out of the estate, for example a lump sum, transfer of property, or ongoing payments, without necessarily setting the Will aside.

Yes. Many probate and estate disputes are resolved through direct negotiation, mediation, or other forms of alternative dispute resolution, without the need for formal court proceedings. This is often quicker, less costly, and less stressful for those involved, and can help preserve family relationships. Where a resolution cannot be reached, we can advise on and represent clients in formal litigation, including High Court proceedings.

The starting point in civil litigation, including contentious probate matters, is generally that the unsuccessful party pays a proportion of the successful party’s legal costs, although the court has discretion and costs can sometimes be paid from the estate depending on the circumstances. We provide clear advice on funding options and the likely costs and risks involved at the outset of a matter.