Contentious probate refers to disputes about how a person’s estate is handled after death.
Probate disputes may arise because someone believes the will is invalid, was made under pressure, or doesn’t leave reasonable financial provision for a dependent.
Typical situations leading to probate disputes or contentious probate claims include:
- Executor disputes, where beneficiaries are kept in the dark, legal errors or delays in administering the estate
- Family disagreements about what the deceased truly intended
- Claims by family or dependents for reasonable financial provision from the estate under the Inheritance Act 1975
- Concerns about the deceased’s capacity to make a will or about a third party who may have influenced their instructions
The contentious probate rules can be complex. We’ll help you make sense of your rights and guide you through the next steps with clarity and compassion.
Common Types of Probate Disputes We Handle
Challenging Will Validity
You may wish to contest a will when you believe it was not properly executed or the person lacked mental capacity. Our contentious wills expertise covers challenges based on lack of knowledge and approval, undue influence, or fraud. The validity of a will can be challenged before it is admitted to probate or afterwards through court proceedings.
Undue influence occurs when someone improperly pressures the will-maker to change their testamentary wishes. We can help you contest probate on these grounds when evidence suggests coercion or manipulation took place.
Our will dispute solicitors can assess your circumstances quickly, advise whether there’s a strong legal basis to challenge the will, and act swiftly to protect your position.
Inheritance Act Claims
The Inheritance (Provision for Family and Dependants) Act 1975 allows certain people to claim reasonable financial provision from an estate. You may be able to make a claim under the Inheritance Act when the will or intestacy rules fail to provide adequately for you.
Eligible claimants include spouses, civil partners, children, people treated as children of the family, and those financially dependent on the deceased. Our contentious probate solicitors can help you understand whether you can bring a claim and what financial provision might be reasonable in your circumstances.
While these cases can be emotional, the vast majority of cases don’t end up in court. Our inheritance dispute solicitors have helped many clients resolve inheritance disputes through careful negotiation and mediation
without escalating conflict unnecessarily.
Executor Disputes
Executors have significant responsibilities in administering an estate. An estate dispute may arise when beneficiaries believe the executor is not acting in their best interests or is mismanaging estate assets. We help resolve conflicts about executor conduct, delays in probate and estate administration, or concerns about how estate assets are being handled.
You can challenge an executor’s actions through the High Court when you believe they are not fulfilling their duties properly. Our probate dispute solicitors guide you through the process of holding executors accountable or seeking their removal.
Trust Disputes
Contentious trusts and probate work overlaps when trusts form part of estate planning. Trust disputes arise over trustee conduct, interpretation of trust terms, or disagreements between beneficiaries. Our contentious probate specialists handle disputes involving both lifetime trusts and trusts created under wills.
A trustee must act in accordance with trust terms and in beneficiaries’ interests. You can bring proceedings when trustees breach their duties or fail to provide proper accounts of trust assets.
Who can bring a claim against a will or estate?
Not everyone has the legal right to challenge a will or bring a probate claim. If you’re considering legal action, it’s important to understand whether you fall into one of the eligible categories recognised under probate and inheritance law.
You may be able to bring a claim if:
- You are a spouse or civil partner of the deceased
- You are a child of the deceased, including adult children
- You are a cohabitee who lived with the deceased for at least two years prior to their death
- You were financially dependent on the deceased before their death
- You were promised something from the estate but were left out of the will entirely
- You were a beneficiary of a previous will but have been left out or your inheritance has been reduced under the current will.
Every case begins with understanding your relationship to the deceased and your current financial circumstances.
We’ll assess your eligibility quickly and clearly and advise whether
to bring a claim.
What can you do if the executor is not acting properly?
If the executor is not doing their job, executor disputes can quickly derail the estate process.
We see this often in situations where:
- Executors are not cooperating with each other or the beneficiaries
- Assets are being withheld or mismanaged
- The executor is favouring themselves or failing to communicate
You don’t need to tolerate this. You can ask the court to compel action or, in some cases, apply to have the executor removed altogether.
Our team regularly advises on this area, helping beneficiaries and co-executors assert their rights under the contentious probate rules and bring transparency to the estate.
These aren’t steps to take lightly, but if the estate is being mismanaged, the cost of doing nothing could be far higher.
Contesting Probate and Letters of Administration
The grant of probate or letters of administration gives legal authority to deal with a person’s estate.
Contesting probate involves challenging this grant when you believe the will is invalid or an inappropriate person has been appointed.
We can help you contest the grant before the probate registry issues it or afterwards through caveat proceedings.
Applications for probate or letters of administration must follow strict legal procedures. Our will dispute solicitors identify procedural errors and advise on the strongest grounds for challenge.
Inheritance Disputes Between Family Members or Co-Executors
An inheritance dispute often involves family members disagreeing about how the estate should be distributed. These sensitive matters require solicitors who can balance legal strategy with family dynamics.
Our team handles contentious probate disputes between beneficiaries, disagreements about asset valuations, and conflicts over specific bequests.
Estate disputes between family members and co-executors can escalate quickly without proper legal intervention. We work to resolve disagreements through negotiation before considering whether you need to go to court.
How much does it cost to contest a Will?
We’re open about legal costs from the start. In contentious probate, no two cases are the same, but we’ll always explain:
- What your options are
- What each route might cost
- Whether your probate dispute qualifies for a “No Win No Fee” agreement
- Whether your legal expenses insurance might cover the claim
We regularly act under Conditional Fee Agreements (CFAs), especially in inheritance claims or executor disputes where the facts of the case are strong. This means you won’t pay our legal fees unless we succeed in recovering money for you.
Our no win no fee contentious probate solicitors are ready to assist you with your will or probate dispute. Contact us today for a free case assessment, no obligation.
Why choose Awdry Law for contentious probate disputes?
Paul Walshe, Partner and Head of Contentious Probate at Awdry Law is a full member of ACTAPS (Association of Contentious Trust and Probate Specialists), the leading professional body for contentious probate practitioners in England and Wales.
Challenging a will or confronting an executor can feel overwhelming. You’re grieving, under pressure, and unsure what’s fair, let alone what’s legal.
That’s where our specialist contentious probate solicitors come in:
- Proven results: We’ve helped clients recover over £10 million in disputed inheritances, secure their rightful homes, and hold executors to account.
- Specialist solicitors: Our team specialises in contentious probate, not just general disputes. You’ll work with lawyers who understand the technical law and the human dynamics.
- Clear advice and fast action: We explain your rights in plain English. We act quickly when delays put your inheritance at risk, and we stay by your side at every step.
- Flexible funding: Whether it’s “No Win No Fee”, insurance-backed, or privately funded, we offer options that reflect your circumstances, not just our preferences.
- Rated for care and clarity: Clients regularly thank us not just for the outcome, but for the way we explained the process and made them feel heard.
Speak to a no win no fee contentious probate solicitor today…
If you are affected by any of these issues call us today on 01793 853200 or fill out our quick enquiry form, to arrange a free initial consultation.
Our contentious probate lawyers are experts in handling sensitive disputes arising at difficult times for family and friends.
