Contentious Probate Diagnostic
Do You Need to Challenge a Will or Protect an Estate?
When someone dies and something about their will or estate does not feel right, it can be difficult to know what to do next.
Perhaps you have been left out of a will you expected to benefit from. An executor is refusing to provide information. You are concerned about how a will was made. Estate assets may be at risk. Or you are an executor or beneficiary facing a challenge that needs to be dealt with quickly.
The decisions you make now matter.
Our specialist contentious probate solicitors advise on complex disputes involving wills, executors, beneficiaries and estates. We help you understand the strength of your position, identify what needs to be protected and determine the most effective way forward – before unnecessary delay or legal costs begin to erode the estate.
Through our Inheritance Dispute Resolution approach, our expert Litigation and Dispute Resolution team start by assessing the evidence, risks and options. Where a dispute can be resolved without court proceedings, we work strategically towards that outcome. Where decisive legal action is required, we have the expertise to pursue or defend the claim.
You don’t need to know what legal action to take before speaking to us. You need to know where you stand.
Start with a diagnostic, see below.
How Can We Help? Contact Our Team Today
Is This You?
You know something isn’t right – but you’re not sure what to do next.
You have been left out of a will or received less than you expected
You believe the will may not reflect the deceased’s true wishes
You are concerned about undue influence, mental capacity or suspicious circumstances
An executor is withholding information, delaying matters or refusing to provide estate accounts
You are an executor or beneficiary facing a challenge to the will or estate
You need to decide whether pursuing or defending a claim is worth the cost, time and risk.
How Inheritance Dispute Resolution Works
Understand first. Protect next. Resolve proportionately.
Contentious Probate Diagnostic
Estate Protection & Strategic Engagement
Contentious Probate Resolution
The strategy remains focused on the value of the estate, the evidence, litigation risk and the outcome you are seeking.
Every matter is strategically managed with proportionality in mind.
Our Solution Advises:
Executors & Administrators - Protecting an estate and responding to challenges, beneficiary disputes or allegations concerning its administration.
Beneficiaries - Where information is being withheld, administration is being delayed or there are concerns about how an estate is being managed.
Family Members & Dependants - Considering whether they may have a claim for reasonable financial provision from an estate.
Those Challenging a Will - Where there are concerns about capacity, undue influence, execution, fraud or whether the deceased understood and approved the will.
Those Defending a Will or an Estate - Responding to threatened inheritance claims and protecting the deceased's wishes and estate assets.
What Changes When You Take Control
Know Whether You Have a Case
Before significant litigation spend begins, understand the strengths, weaknesses and evidence behind your position.
Protect the Estate
Identify whether urgent steps are needed to prevent distribution, preserve evidence or protect estate assets.
Control Legal Spend
Match the legal strategy to the value at stake rather than allowing correspondence and costs to escalate without direction.
Create Movement
Use evidence, deadlines and legal pressure strategically to move an entrenched dispute towards negotiation, mediation or resolution.
A strong inheritance dispute strategy is not about litigating at all costs. It is about knowing when to act, how far to go and what outcome is worth pursuing.
Case Study Highlights
Resolving a Multi-Generational Family Business Shareholder Dispute
Acted for a multi-generational family business where a shareholder dispute arose following the death of two founders.
Facilitated a non-litigated resolution through community mediation and legal structuring of a division of commercial and property interests.
What clients say about us
Frequently Asked Questions
A contentious probate solicitor advises on disputes involving wills, inheritance and the administration of estates. This can include challenging or defending a will, disputes between executors and beneficiaries, claims for financial provision from an estate, executor removal and concerns about how estate assets are being managed.
A specialist solicitor should also help you assess the evidence, risks and likely costs before deciding whether negotiation, mediation or court proceedings are appropriate.
There is no single cost for a contentious probate dispute. The cost depends on the complexity of the estate, the evidence required, the number of parties involved and whether the dispute can be resolved through negotiation or mediation or requires court proceedings.
Our approach begins with a Contentious Probate Diagnostic, giving you an assessment of your position and recommended strategy before you commit to substantial litigation expenditure. Contact our team for details of our fees.
If an executor is refusing to communicate, provide information, account for estate assets or progress the administration of an estate, there may be several options available.
The appropriate action depends on the executor’s conduct and the circumstances. It can include requesting formal information or estate accounts, seeking undertakings, using court procedures or, in serious cases, applying for an executor’s removal or replacement. Courts do not generally remove executors simply because relationships have become hostile, so evidence and strategy matter.
Potentially, but you should obtain advice as soon as possible. Different types of inheritance and probate claims have different time limits, and the position can become more difficult once an estate has been distributed.
For example, claims for reasonable financial provision under the Inheritance (Provision for Family and Dependants) Act 1975 generally need to be brought within six months of the Grant of Representation. Other will challenges operate differently.
There may be steps available to protect an estate while concerns about a will are investigated. Depending on the circumstances, this may include entering a caveat to prevent a Grant of Representation being issued or seeking other undertakings or protective measures.
The appropriate action depends on whether probate has already been granted and the nature of the dispute, so early advice is important.
No. A key part of contentious probate strategy is assessing whether a dispute can be resolved through correspondence, negotiation or mediation before substantial court costs are incurred.
Court proceedings may be necessary where parties will not engage, assets require protection or fundamental issues cannot be agreed. Our approach is to choose the route that is proportionate to the estate, evidence and client’s objectives rather than treating litigation as the automatic first step.
Disclaimer
Not Sure If Contentious Probate Is Right For You?
Our wider Litigation & Dispute Resolution team advises on complex disputes involving individuals, families, trusts, property and business interests.
If your situation requires a different approach, we will help you identify the right route from the outset.
Explore more Litigation & Dispute Resolution.
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