Contentious Probate Solicitors
Helping you resolve contentious & contested probate disputes
Contentious probate covers all probate disputes concerning trusts, wills, and estates. Inheritance disputes arise between executors and trustees or among executors, trustees, and beneficiaries.
Our contentious probate solicitors work with a wide range of clients, including executors and trustees, beneficiaries, individuals who believe they should be beneficiaries, and third-party creditors and debtors involved in probate disputes.
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 our clients to find the best resolution in their specific circumstances.
Contentious probate solicitors deal with disputes over wills, estates, or trusts, often arising after someone passes away. These cases may include:
- Challenges to the validity of a will
- Conflicts between executors and trustees
- Disputes among beneficiaries over how an estate is distributed
- Claims by individuals who believe they were wrongly excluded from a will or trust
- Legal issues between the estate and creditors or debtors
Request legal advice on contentious probate
Why choose us as your contentious probate solicitors?
We resolve will disputes, inheritance claims, trust disputes and executor issues with legal advice based on experience.
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.
Our firm has a reputation for clear communication and legal excellence, achieving a 4.9 out of 5 rating on Review Solicitors.
Down-to-earth and practical, our contentious probate solicitors help clients by providing straightforward advice to achieve the best outcomes in any probate disputes.
Meet our contentious probate solicitors
Craig Ridge
Partner and Head of Contentious Probate
Elizabeth Tolmie
Associate - Contentious Probate
Georgia Stott
Senior Associate - Contentious Probate
Lillie Fisher
Trainee Solicitor - Contentious Probate
Georgia McCutcheon
Trainee Solicitor - Contentious Probate
Joseph Martin
Senior Associate - Contentious Probate
What is contentious probate?
Contentious probate is a term used to describe any dispute regarding someone's estate after their death. It is a legal process that is started when someone, usually a family member, challenges the validity or administration of a will or trust.
Our team advise on all types of contentious probate claims, including.
- 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.
When and why you might need a contentious probate solicitor
Contentious probate solicitors are often needed when someone believes that a will, trust, or estate is being mismanaged, distributed unfairly or not following the wishes of the deceased.
These disputes often focus on executor conduct, the exclusion of beneficiaries, removing an executor or concerns about a will's validity.
The most common grounds for making a claim include:
- Executor misconduct – where an executor delays administration, withholds information, or fails to follow the terms of the will.
- Beneficiary disputes – disagreements over asset distribution or whether the will reflects the deceased’s intentions.
- Inheritance Act claims – when someone excluded from a will, or inadequately provided for, seeks greater provision from the estate.
- Beneficial interest claims – for example, when someone living in estate property claims a financial interest based on contributions or promises.
- Challenges to will validity – due to suspected undue influence, fraud, or lack of mental capacity - commonly referred to as contesting a will.
To make any claim, it's crucial to have strong documented evidence such as emails, letters, or financial records. Even when a claim appears to be justified, without proof of misconduct or unfair treatment, it is unlikely that the court will intervene.
Latest successes
Challenging or removing an executor
There could be several reasons why a beneficiary considers it necessary to challenge an executor. They may believe they are not suitable for the role or that their conduct does not follow the will's terms.
If the beneficiaries have concerns about an executor's ability to perform their duties, they must first write to the executor and ask them to explain their actions. If the executor is unwilling to cooperate pr or the beneficiaries are not satisfied with the executor's explanation, they may make an application to the Court to remove or substitute the executor.
This depends on the type of claim and how willing both sides are to compromise. If everyone takes a reasonable approach and can resolve matters without involving the court, a contentious probate dispute can be settled within a few months. However, particularly contentious estates that face multiple issues and claims can take years to resolve. On average, inheritance disputes are settled in approximately 18 months.
The costs of contentious probate claims vary greatly depending on the type of claim and the people involved. If everyone can work together and resolve matters without the need to involve the court, costs can be between £5,000 and £10,000 plus VAT. However, if a probate dispute proceeds to a contested court hearing, it may be that each side has incurred tens of thousands of pounds in costs by the time it is resolved.
Most contentious trust and probate claims are dealt with by the business and property court, which is part of the High Court. Some claims may be suitable for the county court. We usually issue claims in Birmingham, but it may depend on the location of the parties.
Time limits 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.
- Inheritance Act claims - If you're seeking greater provision under the Inheritance (Provision for Family and Dependents) Act 1975, your claim must be made within 6 months of the Grant of Probate or Letters of Administration. After that, you'll need the court's permission.
- Will validity challenges - There's no formal time limit to contest a will on grounds such as undue influence, fraud, or lack of mental capacity. However, delays can harm your case. The court expects claims to be made as soon as reasonably possible.
- Contractual claims - If the claim is based on a contract involving the estate (such as an agreement to leave property), the time limit is usually 6 years, depending on the nature of the contract.
In all cases, delays may impact your ability to access evidence or weaken your legal position.
There are many grounds for pursuing a probate or will dispute claim. It could be an executor seeking to administer an estate, but the beneficiaries are refusing to agree on 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 are 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 probate dispute feels justified, it may not be worthwhile pursuing, as the court relies on the evidence before making any final order. Sometimes, it's a matter of gathering the evidence as we go (for example, correspondence can demonstrate unreasonable conduct).
A contentious probate solicitor helps resolve inheritance disputes involving wills, estates and trusts. 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.
The value of the estate or trust will be relevant to any contentious probate or trust claim. Claims can be costly, time-consuming, and emotionally draining. The value of the claim matters when deciding whether it's 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.
