Private Client
Handling the affairs of a loved one who has died is a significant responsibility and can present several challenges for all involved. When concerns arise about the validity of a Will, the fairness of an estate distribution, or the conduct of an executor, an already painful situation can become significantly more complex and distressing.
At Roythornes, our contentious probate solicitors provide expert legal guidance to individuals and families involved in estate disputes. Whether you are a beneficiary who believes you have been treated unfairly, an executor facing a challenge, or someone questioning the validity of a Will, our specialist team is here to help you understand your options and protect your interests.
Our team has extensive experience in all types of private wealth disputes, enabling us to provide comprehensive support across all aspects of estate and inheritance litigation.
Our contentious probate solicitors can assist with:
For support with all aspects of contentious probate, please complete our enquiry form, and we will contact you straightaway.
We have offices in Abingdon, Alconbury, Birmingham, Nottingham, Spalding and Langham. Our contested probate experts can work with clients across these locations, as well as the rest of the UK and internationally.
Contentious probate encompasses a broad range of disputes that can arise during or after the administration of an estate. The most common categories include:
These arise where someone believes a Will was not properly executed, that the person who made it lacked the mental capacity to do so, or that they were unduly influenced or subjected to fraud or forgery.
These involve concerns about the way in which an estate is being administered, including allegations of misconduct, breach of duty, or delay. In some cases, it may be necessary to apply to the court to have an executor removed.
Under the Inheritance (Provision for Family and Dependants) Act 1975, certain individuals may be able to make a claim if they believe they have not received reasonable financial provision from an estate, even where a valid Will exists.
Disagreements can arise between beneficiaries over how assets should be distributed, how the Will should be interpreted, or whether the estate has been properly valued and accounted for.
There are several recognised legal grounds on which a Will can be contested. Our Will disputes solicitors will assess your circumstances carefully to advise whether any grounds may apply to your case and how the claims process would work.
For a Will to be valid, the person making it must have understood the nature of the document, the extent of their estate, and the claims of those who might reasonably expect to benefit. Where mental illness, dementia, or other conditions affected their understanding at the time the Will was made, a challenge may be possible.
If someone was pressured, coerced, or manipulated into making a Will in a particular way, that Will may be challenged on the grounds of undue influence.
A Will that has been forged, or where the person was deceived into signing a document they did not understand to be a Will, is not valid. We can advise on the steps required to challenge a Will on these grounds.
To be legally valid, a Will must comply with the formal requirements set out in the Wills Act 1837. It must be signed by the testator in the presence of two independent witnesses who also sign the document. A failure to comply with these formalities can render the Will invalid.
The Inheritance (Provision for Family and Dependants) Act 1975 allows certain individuals to make a claim against an estate if they have not received reasonable financial provision, whether or not a valid Will exists.
Those who may be eligible to bring a claim include:
The court will take into account a range of factors when deciding whether reasonable financial provision has been made, including the financial needs of the claimant and the size and nature of the estate.
Executors have a legal duty to administer an estate in accordance with the terms of the Will and in the interests of the beneficiaries. Where an executor fails to fulfil their obligations, acts in their own interests, causes unnecessary delay, or misappropriates estate assets, beneficiaries may have grounds to take action.
Our probate dispute solicitors can assist with:
Where no Will exists, or where an administrator has been appointed to manage an intestate estate, similar disputes can arise in relation to the conduct of the administrator. We can advise and act in these circumstances too.
Even where there is no question over the validity of a Will, disputes can arise between beneficiaries. These may concern the valuation of estate assets, the interpretation of ambiguous wording in the Will, or disagreements about how property or personal possessions should be divided.
Trust disputes are another common source of conflict, particularly where the terms of a trust are unclear, where a trustee is alleged to have acted improperly, or where beneficiaries disagree about how trust assets should be managed or distributed.
Our team can help beneficiaries understand their rights, engage constructively with other parties where possible, and take formal legal action where necessary to protect their entitlement.
Every contentious probate case is different, but the typical stages involved are as follows:
We begin by listening carefully to your situation and reviewing any available documentation, including the Will, any correspondence, and evidence relating to the deceased's circumstances. We will provide an honest assessment of the merits of your case and the options available to you.
Where appropriate, we may advise entering a caveat at the Probate Registry to prevent a Grant of Probate being issued while a dispute is ongoing. This can be an important step in preserving your position.
Many contentious probate disputes are resolved without the need for court proceedings, through negotiation or alternative dispute resolution (ADR) such as mediation. We will always explore these options with you, as they are often quicker and more cost-effective than litigation.
Where a negotiated resolution is not possible, we will guide you through the court process, managing all aspects of your case from the preparation of evidence and witness statements through to representation at trial. Contentious probate cases are heard in the Chancery Division of the High Court or, in lower-value matters, the County Court.
Whether your case concludes through settlement, a consent order, or a judgment from the court, we will work to achieve the best possible outcome for you and ensure that any resolution is properly documented and implemented.
Time limits in contentious probate matters can be complex and vary depending on the type of claim being made. Some of the key limitation periods to be aware of include:
These time limits are not always straightforward to apply, and in some cases, the court has discretion to allow a claim outside the standard limitation period. It is always advisable to seek legal advice as soon as possible to ensure your position is protected.
Our contentious probate lawyers at Roythornes offer clear, practical advice tailored to your individual circumstances. We understand that these matters are rarely straightforward and that the legal process can feel daunting, particularly when you are already dealing with the grief of bereavement.
We take a considered and sensitive approach, keeping you informed at every stage and ensuring you understand your options. Our team can assist you whether you are bringing a claim or defending one, and we act for individuals, families, executors, trustees, and beneficiaries alike.
At Roythornes, we are proud of our highly skilled contentious probate team. They bring extensive knowledge and experience to even the most complex estate disputes, and they understand the importance of handling these matters with both legal precision and genuine empathy for those involved.
We are Lexcel accredited by the Law Society, reflecting the high standards of our practice management and client care, and we are also members of STEP (Society of Trust and Estate Practitioners).
Members of our team are also recognised in The Legal 500 for their expertise across private client and dispute resolution matters and are part of the Association of Contentious Trust & Probate Specialists (ACTAPS).
Frequently asked questions about contentious probate
What is contentious probate?
Contentious probate refers to any dispute that arises in connection with the administration of a deceased person's estate.
What is the difference between contentious and non-contentious probate?
Non-contentious probate involves the straightforward administration of an estate where there are no disputes. Contentious probate arises where any aspect of the estate, the Will, or the administration process is subject to a legal challenge or disagreement.
How long do I have to contest a Will?
The time limits depend on the basis of the challenge. Inheritance Act claims must generally be brought within six months of the Grant of Probate. Other types of claim, such as those based on fraud or lack of capacity, are subject to different limitation periods.
How much does contentious probate cost?
The cost of contentious probate will depend on the complexity of the dispute and how it is resolved. Not all cases proceed to court, and many are settled through negotiation or mediation, which can significantly reduce costs.
We will discuss funding options with you from the outset and will provide clear and transparent cost information throughout.
Can I contest a Will if I am not named in it?
Yes, in certain circumstances. If you were named in a previous Will, or if you are a close family member or dependant of the deceased, you may have grounds to challenge the Will or bring a claim under the Inheritance Act 1975.
What are the grounds for removing an executor?
An executor can be removed by the court where there is evidence of misconduct, conflict of interest, failure to administer the estate properly, or where the relationship between the executor and the beneficiaries has broken down to the extent that proper administration is no longer possible.
How long does contentious probate take?
The duration of a contentious probate matter varies significantly depending on the complexity of the dispute and how it is resolved. Matters resolved through early negotiation or mediation can conclude within a few months. Where court proceedings are necessary, the process may take a year or more.
For support with all aspects of contentious probate, please complete our enquiry form, and we will contact you straightaway.
We have offices in Abingdon, Alconbury, Birmingham, Nottingham, Spalding and Langham. Our contested probate experts can work with clients across these locations, as well as the rest of the UK and internationally.
Insights
From Farming to the Future and the Challenge of Passing It On
I’ve recently been thinking about how many people still focus on the day-to-day but perhaps overlook the longer-term plan. When the next generation step into the day-to-day running of the family’s mixed farm, they will often think that the hard...
IHT437 Guide: Everything You Need to Know About the New HMRC Form
April 2026 brought with it further changes to the Inheritance Tax (IHT) regime, and with those changes came another layer of compliance. HMRC has now introduced Form IHT437, a new schedule to sit alongside the IHT400, and one that will be particularly...
Search site
Contact our offices
Make an enquiry
