Contentious Probate Solicitors

Worried about how an estate is being handled? Whether you’re dealing with a difficult executor, missing inheritance, or delays in probate estate administration, our specialist solicitors help resolve disputes quickly and fairly, often on a no-win, no-fee basis.

When emotions run high and the stakes are significant, you need calm, clear legal guidance from solicitors who understand both the complex law and the human side of probate disputes.

At Awdry Law, our contentious probate solicitors are here to protect your position, help resolve disagreements, and act quickly when action is needed. Book your free consultation today.

What is contentious probate?

Contentious probate refers to disputes about how a person’s estate is handled after death.

A contentious probate claim arises when there is a dispute relating to the administration of a deceased person’s estate. These disagreements can involve the validity of a will, concerns about undue influence, allegations of fraud, or conflicts between beneficiaries and executors.

Contesting a will or defending a claim against an estate can be complex and emotionally challenging. Engaging a solicitor with experience in contentious probate ensures your interests are properly represented.

The legal principles that govern contentious probate are primarily set out in the Wills Act 1837, the Administration of Estates Act 1925, and the Inheritance (Provision for Family and Dependants) Act 1975.

Our specialist contentious probate solicitors at Awdry Law can help you understand your rights, assess the strength of your case, and guide you through the legal process with clarity and compassion.

Common contentious probate issues we resolve

Removing or replacing an executor: Where an executor is failing to act, has a conflict of interest, or has caused loss through mismanagement, beneficiaries can apply to the court to have them removed and a substitute administrator appointed
Disputes between co-executors: Where two or more executors cannot agree, creating a deadlock that delays administration and puts beneficiaries’ interests at risk
Disputes where there is no will (intestacy): When someone dies without a valid will, the estate passes under the intestacy rules.
Failure to distribute assets properly: Where an executor pays the wrong beneficiaries, distributes assets in the wrong order of priority, or makes distributions before debts have been settled
Estate accounts and missing assets: Where beneficiaries are denied a proper account of the estate, or where assets appear to have been transferred or removed before or after death
Caveats and disputed grants of probate: A caveat can be entered at the Probate Registry to prevent a grant of probate from being issued while a dispute is ongoing
Challenging lifetime gifts: Assets transferred shortly before death on the basis of undue influence or lack of capacity can be challenged and potentially recovered for the estate
Breach of fiduciary duty: Where an executor or trustee acts in their own interests rather than the beneficiaries’, including self-dealing, unauthorised investments, or failing to act impartially
Devastavit: A personal claim against an executor who has misapplied or wasted estate assets, exposing them to liability for losses caused
Disputed asset valuations: Where beneficiaries or co-executors disagree over how estate assets have been valued, particularly property or business interests, affecting the fairness of distribution

Types of Will & Probate Disputes

Contesting a Will

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 that coercion or manipulation occurred.

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

Inheritance disputes not only affect financial outcomes but also family relationships. With sensitive and practical support, contentious probate solicitors can help minimise conflict and work toward a resolution that respects your rights and the wishes of the deceased.

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 unnecessarily escalating conflict.

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 overlap 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 the trust terms and in the beneficiaries’ interests. You can bring proceedings when trustees breach their duties or fail to provide proper accounts of trust assets.

Alternative Dispute Resolution (ADR)

Not every will or probate dispute needs to go to court; in fact, the majority settle without court proceedings.

Alternative Dispute Resolution (ADR), including mediation and negotiated settlement, is often the fastest and least costly way to resolve an estate dispute, and courts expect parties to consider it before issuing proceedings.

Our contentious probate solicitors actively promote ADR where it is appropriate. The vast majority of cases we handle resolve through negotiation or mediation without escalating to litigation, reducing the emotional and financial cost for everyone involved.

Where a negotiated resolution is not possible, we can provide robust representation to pursue your claim in court.

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.

Eligible claimants include:

Spouse or civil partner: The legal husband, wife, or civil partner of the deceased
Former spouse or civil partner: A former spouse or civil partner who has not remarried or formed a new civil partnership
Children: A child of the deceased, including adult children
Cohabitees: Someone who lived with the deceased for at least two years prior to their death
Financial dependants: Anyone financially dependent on the deceased before their death
Proprietary estoppel claimants: Someone promised something from the estate but was left out of the will entirely
Beneficiaries of a previous will: Someone named in a previous will who has been left out, or whose 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 you on whether you can bring a claim and what the chances of success are.

What is the role of a contentious probate solicitor?

Contentious probate solicitors play a crucial role in representing parties involved in a dispute, ensuring that the process fairly reflects the deceased’s actual wishes, and adhering to relevant legal frameworks.

Their expertise is essential in resolving disputes efficiently and respectfully during what can be an emotional and stressful time.

Why should I seek legal advice?

Probate disputes are often sensitive and complex, involving both legal and emotional challenges for all parties.

Seeking specialist advice from a contentious probate solicitor can help you achieve a fair resolution, either through negotiation or litigation if necessary.

Time limits often apply to contentious probate claims. Prompt legal advice is crucial for fully understanding your options and protecting your position. If you are facing or wish to bring a contentious probate claim, consult an experienced solicitor at the earliest opportunity.

What are letters of administration in probate disputes?

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.

How we help resolve probate disputes

Every case is different, but our approach to resolving probate disputes follows a clear process:

Early advice and assessment: We assess your position quickly and advise whether you have a claim worth pursuing.
Information gathering: This can include reviewing the will, estate accounts, medical records and any correspondence relevant to the dispute.
Pre-action correspondence: Before court proceedings are considered, we write to the other side, setting out our position and inviting them to resolve the matter.
Mediation and negotiation: Most probate disputes settle without going to court. We pursue a negotiated outcome wherever it serves your interests.
Court proceedings: When a settlement is not possible, we issue or defend proceedings and represent you through to resolution.

How much does a contentious probate claim cost?

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, no-obligation case assessment.

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.

Why choose Awdry Law for contentious probate disputes?

Paul Walshe, Partner and Head of Contentious Probate at Awdry Law, leads a dedicated team of will dispute solicitors. Paul is a full member of The Association of Contentious Trust and Probate Specialists (ACTAPS), a professional body for lawyers who specialise in disputes over wills, trusts, probate, and estates, and which aims to promote high standards and expertise in inheritance matters.

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 wills, estates and 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 01225 417111 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.

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