Contentious Probate and Will Dispute Solicitors
Disputes concerning a Will or the administration of an estate can place beneficiaries, executors and families under considerable pressure. Early advice can protect the estate, preserve evidence and help prevent positions becoming entrenched.
Legacy Wills and Probate advises on contentious probate and inheritance disputes throughout England and Wales.
Free 30-minute initial consultation
Speak confidentially with a specialist adviser about a disputed Will, inheritance claim, executor dispute or other contentious probate issue. We offer a free 30-minute initial consultation to consider your position and possible next steps.
Contentious probate matters we handle
Contentious probate covers disputes about the validity of a Will, entitlement to an estate and the way an estate is being administered. We can advise on:
- challenging or defending the validity of a Will
- claims involving lack of testamentary capacity, undue influence, fraud or forgery
- disputes about whether a person knew and approved the contents of a Will
- claims that a Will was not signed or witnessed correctly
- claims under the Inheritance (Provision for Family and Dependants) Act 1975
- executor and personal representative disputes, including applications for removal or substitution
- delayed administration, failure to account and disputed estate distributions
- probate caveats, warnings and appearances
- proprietary estoppel and disputes concerning promises about property or inheritance
- constructive trust, resulting trust and beneficial ownership issues connected with an estate
- negotiation, mediation and court proceedings relating to an estate
Grounds for challenging a Will and other estate disputes
Grounds for challenging the validity of a Will
Disappointment with the terms of a Will is not, by itself, enough to make the Will invalid. A validity challenge requires a recognised legal basis. Depending on the evidence, this may include:
Lack of testamentary capacity.
The person making the Will must have had the required mental capacity at the relevant time. Medical records, witness evidence, the Will preparation file and evidence of the person’s instructions may all be important.
Lack of knowledge and approval.
A Will may be challenged where there is a genuine question about whether the person understood and approved its contents, particularly where the circumstances surrounding its preparation are suspicious.
Undue influence.
The evidence must establish coercion which overbore the person’s free will. Persuasion, pressure or an opportunity to influence will not necessarily be sufficient.
Improper execution.
Section 9 of the Wills Act 1837 contains the formal requirements for signing and witnessing a Will. A failure to comply may mean that the document is not valid as a Will.
Fraud or forgery.
A document may be challenged where a signature or document is alleged to have been forged, or where fraud affected its creation.
Revocation.
A later Will, a valid act of revocation or other events may affect whether an earlier document remains the deceased’s final Will.
Inheritance Act claims
A Will can be legally valid but still fail to make reasonable financial provision for an eligible applicant. The Inheritance (Provision for Family and Dependants) Act 1975 allows specified categories of people to apply, including certain spouses or civil partners, former spouses or civil partners, cohabitants, children, people treated as a child of the family and people maintained by the deceased.
Eligibility does not guarantee an award. The court considers the statutory factors and the circumstances of the estate and the parties. An application ordinarily must be issued within six months of the date on which representation is first taken out, although the court has power to permit a late application. Anyone considering a claim should obtain advice immediately rather than assume that permission will be granted.
Executor and estate administration disputes
Executors and administrators must collect and protect estate assets, deal with liabilities, keep proper records and distribute the estate according to the Will or intestacy rules. Disputes may arise where a personal representative:
- fails to progress the administration or communicate adequately
- does not provide estate accounts or sufficient information
- places personal interests in conflict with duties to the estate
- misuses or fails to protect estate assets
- distributes the estate incorrectly or prematurely
- is no longer able or suitable to continue acting
Caveats and stopping a grant
A caveat can prevent a grant of representation being issued while a genuine dispute about the Will or entitlement to the grant is investigated. A caveat must be entered before the grant is issued and initially remains in force for six months. It can lead to warning and appearance procedures and, if the dispute cannot be resolved, court proceedings.
A caveat is not appropriate for every inheritance dispute. In particular, it should not be used simply to delay administration or as a substitute for an Inheritance Act claim. An unjustified caveat can expose the person entering it to an application and possible costs consequences. Obtain advice before taking this step wherever possible.
Defending a Will or inheritance claim
We also advise executors, beneficiaries and other interested parties who receive a challenge. A defence should be based on the evidence, the duties owed to the estate and a realistic assessment of cost and risk. We can help secure the Will preparation file, obtain witness and medical evidence, respond to allegations and explore settlement while protecting your position.
Resolving an inheritance dispute
Court proceedings are sometimes necessary, but many disputes are resolved through early disclosure, solicitor negotiation or mediation. The pre-action process should identify the issues, exchange relevant information and consider settlement. Where proceedings are required, probate claims are governed by Part 57 of the Civil Procedure Rules and its associated practice direction.
Costs require careful consideration. The court has discretion, but the usual starting point in civil proceedings is that the unsuccessful party pays the successful party’s costs. Costs are not automatically paid from the estate merely because the dispute concerns a Will.
Funding a contentious probate case
The appropriate funding arrangement depends on the nature, value and prospects of the case, the available evidence and the likelihood of recovery. Options may include private funding, staged or limited-scope advice, legal expenses insurance and, for suitable claims accepted by the firm, a conditional fee agreement commonly described as no win no fee.
Where we agree to act under a conditional fee agreement, no base legal fees are payable to us if the claim does not meet the agreed definition of success. The client remains responsible for agreed disbursements. Depending on the matter, there may also be exposure to an opponent’s costs or insurance premiums. These risks and any protective arrangements will be explained before the agreement is signed.
If the claim is successful, our base legal charges are payable together with a success fee equal to 40% of those base legal charges, plus VAT where applicable. The success fee is not 40% of the inheritance or compensation recovered. The outcome that will constitute success will be defined and agreed in writing before the conditional fee agreement is entered into.
Worked example: If the base legal charges are £10,000, the 40% success fee is £4,000. The total legal charges are therefore £14,000 plus VAT. This example excludes disbursements and is before any credit for costs recovered from another party.
How we approach your case
1. Initial assessment
We identify the parties, the estate, the disputed Will or grant, the potential legal basis and any urgent deadline.
2. Evidence and protection
We consider whether to obtain the Will file, medical records, witness evidence, estate accounts, probate documents or other records, and whether a caveat or another protective step is appropriate.
3. Advice and strategy
We explain the strengths, weaknesses, likely cost, funding options and practical objectives before substantial work is undertaken.
4. Resolution
We pursue proportionate correspondence, disclosure, negotiation or mediation and issue or defend proceedings where necessary.
Why instruct Legacy Wills and Probate
• Legacy Wills and Probate is a trading name of LWPC Ltd, an SRA-authorised and regulated licensed body.
• Contentious probate work is supervised by David Ahern, solicitor (SRA ID 43888).
• We advise on both estate administration and disputes arising from Wills and estates.
• We act across England and Wales from our Bolton office.
• We provide clear advice about evidence, proportionality, funding and costs risk from the outset.
• Where possible, we seek a practical resolution without unnecessary court proceedings.
Contentious probate frequently asked questions
Who can contest a Will?
There is no single class of person who can contest a Will. A person challenging validity normally needs a genuine interest in the outcome, such as an entitlement under an earlier Will or the intestacy rules. Eligibility for an Inheritance Act claim is governed separately by the categories in the 1975 Act.
Is being excluded from a Will enough to challenge it?
No. Exclusion or an unequal inheritance does not itself invalidate a Will. There must be evidence supporting a recognised ground of challenge, or a separate legal basis such as an eligible claim for reasonable financial provision.
How long do I have to contest a Will?
There is no safe universal answer. Different claims have different time limits and delay can make evidence harder to obtain or allow the estate to be distributed. An Inheritance Act application ordinarily has a six-month period from the date of the grant. Urgent advice should be obtained.
Can I challenge a Will after probate has been granted?
A grant does not necessarily prevent a later challenge, but the available procedure, risks and urgency change once the grant has issued or the estate has been distributed. Advice should be obtained immediately.
What does a probate caveat do?
A caveat prevents a grant being issued while a dispute about the Will or entitlement to the grant is addressed. It must be entered before the grant and is not suitable for every type of claim.
Who pays the legal costs of a Will dispute?
Each client is responsible for costs under their own retainer unless another arrangement applies. If proceedings are issued, the court has discretion over costs and may order one party to pay some or all of another party’s costs. Payment from the estate is not automatic.
Can I contest a Will on a no win no fee basis?
A conditional fee agreement may be available after the consultation and an assessment of the claim. If agreed, no base legal fees are payable to us if the claim is unsuccessful, although the client remains responsible for agreed disbursements and may have other costs exposure. If successful, our base legal charges are payable with a success fee equal to 40% of those charges, plus VAT where applicable. The definition of success and all costs risks will be agreed in writing before signing.
Can an executor be removed?
The court has power to remove or substitute a personal representative. Removal is not automatic because beneficiaries disagree with an executor. The court considers the proper administration of the estate and the evidence concerning the executor’s conduct or suitability.
Can an inheritance dispute be settled without court?
Yes. Many cases settle through disclosure, negotiation or mediation. Early advice can narrow the issues and improve the prospects of a proportionate settlement.
What evidence may be needed?
Depending on the claim, evidence may include the current and earlier Wills, the Will preparation file, medical and care records, witness statements, financial records, correspondence, estate accounts, property documents and probate records.
Contact our contentious probate team
If a Will or estate is disputed, prompt advice can protect your position and help prevent avoidable cost. Call 0333 344 4325 or email contact@legacywillsandprobate.com to arrange a free 30-minute initial consultation with a specialist adviser. You can also use the enquiry form provided on this page.
Legacy Wills and Probate is a trading name of LWPC Ltd. LWPC Ltd is authorised and regulated by the Solicitors Regulation Authority as a licensed body, SRA number 8008724. Our principal office is 51 Old Kiln Lane, Bolton BL1 5EU.