Contentious Probate

What are contentious trusts and probate disputes?

Disputes involving a person’s estate can be complex, sensitive, and often deeply personal. Whether the issue concerns the validity of a Will, the administration of an estate, or a claim for financial provision, it is important to obtain clear advice at an early stage.

Our Dispute Resolution team provides practical, straightforward guidance to help you understand your position and take the right steps to protect your interests.

Contentious trusts and probate disputes arise where there is disagreement in relation to a person’s estate, including the validity of a Will, the administration of the estate, or the distribution of assets.

When do disputes arise?

No two cases are the same, but certain issues arise more frequently than others.

Disputes may involve questions about whether a Will is valid - for example, where there are concerns about capacity, undue influence, or whether the Will properly reflects the deceased’s wishes. In other cases, the focus shifts to the administration of the estate, including concerns about delay, lack of transparency, or decisions being made by executors or trustees.

Claims can also arise where someone feels they have not been adequately provided for, or have been excluded entirely. In those circumstances, the law may allow certain individuals to bring a claim for reasonable financial provision, depending on the nature of the relationship and their level of dependence.

Disputes may also arise in relation to trusts, including disagreements between trustees and beneficiaries or concerns about how trust assets are being managed.

Why early advice matters

Contentious probate disputes are often both legally complex and emotionally sensitive. The steps taken at an early stage can have a significant impact on the overall outcome.

There are also strict time limits in certain types of claims. For example, claims for financial provision under the Inheritance (Provision for Family and Dependants) Act 1975 are generally subject to a six-month time limit from the date of the grant of probate.

Delay can result in assets being distributed, positions becoming entrenched, and opportunities being lost. Early advice allows you to understand your options, protect your position, and take appropriate steps where necessary.

How we approach these disputes

These cases require more than just legal analysis. They often involve family dynamics, sensitive personal circumstances, and competing expectations.

Our approach is focused on clarity, control, and outcome.

We begin by understanding the background and identifying the legal issues at play - whether that involves the validity of a Will, the conduct of executors or trustees, or a potential claim against the estate. From there, we assess the strength of your position and advise on the most effective way forward.

Where possible, we seek to resolve disputes through negotiation or mediation. Many cases can be resolved without the need for court proceedings, particularly where a pragmatic and structured approach is taken from the outset.

However, where a dispute cannot be resolved, we are experienced in pursuing or defending claims through the courts and will take a robust approach where required.

A practical and measured approach

We understand that these disputes can be stressful, particularly where they involve family members or long-standing relationships.

Our role is to provide clear, straightforward advice, guide you through the process, and keep matters focused on achieving a fair and workable outcome.

Speak to our Dispute Resolution team

If you are involved in a dispute concerning a Will, trust, or estate - or are concerned that something is not right - we can help you understand your position and the options available to you.