Contentious probate is the area of law that deals with disputes about a will or a deceased person's estate: challenges to whether a will is valid, claims by people who feel they were not properly provided for, and disputes between or about executors. We advise both those bringing and those defending such claims, and our focus is on resolving them as quickly and sensibly as possible.
Common types of dispute
- Challenges to the validity of a will, on grounds such as lack of testamentary capacity, lack of knowledge and approval, undue influence, or that the will was not properly signed and witnessed.
- Claims under the Inheritance (Provision for Family and Dependants) Act 1975, where a spouse, child or dependant argues the will or the intestacy rules did not make reasonable financial provision for them.
- Disputes about how executors or administrators are handling the estate, including delay, conflicts of interest, or applications to remove and replace them.
- Disputes over the meaning of a will, or over lifetime gifts and promises.
Time limits matter
Some estate claims are subject to strict time limits. A claim under the 1975 Act must usually be brought within six months of the grant of probate, so if you think you have a claim, or you are an executor facing one, take advice quickly [Source: Inheritance (Provision for Family and Dependants) Act 1975]. Early advice often opens up options that disappear once deadlines pass.
How we help
We give you a clear, honest assessment of the strength of the claim or defence, the likely cost and time, and the realistic outcomes, and we push for negotiated settlement or mediation where that serves you better than court. Estate disputes are often emotionally charged and between family members, so a measured, practical approach usually gets the best result. See the probate hub for our wider probate work.
FAQ
Can I challenge a will I think is unfair?
You cannot challenge a will simply for being unfair, but you may have a claim if it is invalid or if you were a dependant who was not reasonably provided for. We will tell you honestly whether you have a case.
What is a 1975 Act claim?
A claim by a spouse, child or dependant that the estate did not make reasonable financial provision for them. Strict time limits apply.
Do these disputes always go to court?
No. Many are resolved by negotiation or mediation, which is usually faster, cheaper and less damaging to family relationships.
How much does it cost?
We will explain the likely costs and funding options at the outset.