Contentious Probate

Contentious probate is a commonly used umbrella term covering a wide range of disputes, challenges and concerns relating to wills, trusts, inheritance and the administration of estates.

In practice, contentious probate refers to situations where a will, trust or estate has become disputed, whether that involves challenging a will, questioning how an estate is being administered, or resolving conflicts between beneficiaries, executors or trustees.

Our experienced and specialist team of 5 lawyers deal with the full spectrum of these matters, including complex and high-value trust and valuation disputes. We act for individuals bringing claims as well as executors, trustees and beneficiaries defending them.

Whether you are considering taking action or responding to allegations, we provide clear, strategic advice tailored to the circumstances of your case.

What Situations Count as Contentious Probate?

Contentious probate covers a wide array of scenarios, some of which include:

• Challenges to the validity of a will

• Being unexpectedly excluded from a will

• Disputes between siblings or family members over inheritance

• Executors delaying administration

• Failure to provide estate accounts

• Suspected misuse of estate funds

• Assets being distributed without proper explanation

• Applications to remove or replace executors

• Trustees failing to act impartially

• Conflicts between life tenants and capital beneficiaries

• Disputes concerning life interest or discretionary will trusts

• Arguments about property or business valuations

• Concerns that estate assets have been undervalued

• Allegations of breach of trust

• Promised inheritance or proprietary estoppel claims

• Disputes involving family businesses or agricultural estates

If there is disagreement, suspicion, unfairness or a breakdown in trust concerning a will, trust or estate, it is likely to fall within contentious probate.

Acting For Claimants and Defendants

We regularly advise:

• Individuals seeking to challenge a will

• Beneficiaries seeking clarity or redress

• Executors facing criticism or removal applications

• Trustees responding to breach of trust allegations

• Families involved in inheritance disputes

Contentious probate disputes are often emotionally charged and legally complex. Early specialist advice is essential to protect your position.

What To Do If You Need To Take Action

If you have concerns about a will, trust or estate, timing can be critical.

You may need to:

• Enter a caveat to prevent probate being granted

• Obtain the will and estate documentation

• Secure medical, financial or valuation evidence

• Prevent estate assets being distributed

• Address trust administration issues promptly

• Comply with strict limitation deadlines

Delay can weaken your position and reduce available options.

Why Specialist Legal Advice Matters

While acting quickly is important, taking action without proper legal grounds can expose you to significant risk.

Contentious probate claims can fail if evidence is insufficient or the legal basis is weak. In such circumstances, the court may order the unsuccessful party to pay legal costs — which can be substantial.

A specialist contentious probate solicitor will:

• Assess whether your claim or defence has merit

• Advise on the strength of available evidence

• Identify procedural risks and limitation issues

• Consider proportionality and likely costs

• Develop a strategy designed to protect your position

Careful early assessment reduces the risk of unnecessary litigation and helps ensure that any action taken is justified and strategically sound.

Contact Us

If you are involved in a dispute contact us for a confidential discussion.