Disagreements over Wills, estates, trusts and the care of vulnerable family members can arise at the most difficult times. When emotions are running high and important decisions need to be made, having the right legal support can make all the difference.
Our dispute resolution solicitors provide calm, clear guidance to help you understand your position and work towards a resolution.
About Disputes
Disputes connected to Wills, estates and family arrangements are more common than many people expect. They often surface during periods of grief, stress or uncertainty, when families are already under pressure.
A disagreement might begin with a difference of opinion about how an estate should be administered, or it might stem from a concern that a Will does not reflect the true wishes of the person who made it. In some cases, disputes arise because someone feels they have been unfairly left out of a Will or because there are concerns about how a deputy or attorney is managing a vulnerable person’s affairs.
Whatever the circumstances, time limits can apply and delays can make matters harder to resolve. If you are involved in or anticipating a dispute, seeking advice from an experienced inheritance dispute lawyer early on gives you the best chance of reaching a fair outcome.
We advise on a range of disputes connected to Wills, estates, trusts and the care of vulnerable individuals. Our approach is always to understand your situation fully, explain your options clearly and work towards a resolution that protects your interests.
Contact UsWhen someone dies, disagreements can arise about how their estate should be distributed. Under the Inheritance (Provision for Family and Dependants) Act 1975, certain individuals may have a right to make a claim against an estate if they believe they have not received reasonable financial provision.
Claims under the Act are typically brought by a spouse or civil partner, a former spouse or civil partner who has not remarried, a child of the deceased, a person treated as a child of the family, a cohabitant who lived with the deceased for at least two years before the death, or a person who was financially maintained by the deceased.
An inheritance dispute may also arise where the deceased made a promise to leave something to a particular person, and that person relied on the promise to their detriment. These claims, known as proprietary estoppel, can be complex and require careful legal advice.
If you believe you have grounds to bring an inheritance claim, or if a claim has been made against an estate you are administering, our probate and estate administration team works closely with our dispute lawyers to provide coordinated support.
There are circumstances in which a Will may not be legally valid. Grounds for challenging a Will include situations where the person who made it lacked mental capacity at the time, where they were placed under undue pressure or influence, where the Will was not properly signed or witnessed, where the Will was forged or tampered with, where a later Will exists or where the person married or entered a civil partnership after the Will was made, which may have revoked it automatically.
Challenging a Will is a serious step and the process can be lengthy. Only certain individuals have the right to bring a challenge, typically those named in the Will, those named in a previous Will or close family members. We can assess whether you have grounds to challenge and advise on the most effective approach.
If you are concerned that a loved one’s Will may not be valid, early legal advice is important. Probate litigation of this kind can become more difficult to pursue once an estate has been distributed.
Probate disputes can take many forms. You may be concerned that an executor is not carrying out their duties properly, that estate assets are being mismanaged, or that the administration of the estate is taking an unreasonably long time. In some cases, disputes arise between co-executors who cannot agree on how to proceed.
If you believe an executor is failing in their responsibilities, it may be possible to apply to the court to have them removed and replaced. We can advise on whether this is appropriate in your situation and guide you through the process.
Probate disputes often overlap with inheritance claims and Will challenges. Our team considers the full picture to make sure you receive advice that covers all aspects of your position.
A trust is a legal arrangement where assets are held and managed by trustees for the benefit of others. Disputes can arise when beneficiaries disagree with how a trust is being managed, when trustees are not fulfilling their duties, or when there are concerns about how trust funds are being distributed.
If you have concerns about a trust, we can advise on your rights as a beneficiary and the options available to you. This may include seeking to remove or replace a trustee, or applying to the court for directions on how the trust should be administered. Our trusts and tax planning team provides additional support where trust disputes overlap with tax or succession planning matters.
Disputes can arise in connection with the Court of Protection when family members disagree about how to support a vulnerable person. These may involve disagreements about who should be appointed as deputy, concerns that a deputy or attorney is not acting in the best interests of the person they represent, or disputes between family members and medical professionals about care and welfare decisions.
Court of Protection disputes are often time-sensitive. If you are involved in a disagreement of this kind, we can advise on the legal position and, where needed, make representations to the court on your behalf.
Application
If you are involved in or concerned about a disagreement relating to a Will, an estate, a trust or the care of a vulnerable family member, legal advice can help you understand where you stand and what your options are.
Without the right support:
Taking advice early does not mean committing to court proceedings. In many cases, a well-timed letter or a structured conversation can resolve a dispute before it goes any further. We can help you assess the situation and decide on the right approach.
Why Choose Us
Private client specialists
Our dispute resolution solicitors work within a specialist private client firm. This means we understand the full context of estate, trust and family disputes, not just the litigation element. We consider how a dispute connects to the wider administration of an estate, the management of a trust or the care of a vulnerable person.
Resolution-focused approach
We always look for the most practical and proportionate way to resolve a dispute. Where negotiation or mediation can achieve a fair outcome, we pursue those routes. Where court proceedings are needed, we provide strong, clear representation.
Sensitive handling of difficult situations
Disputes over Wills, estates and family care arrangements are rarely just about the legal issues. They involve grief, family dynamics and deeply personal concerns. We approach every case with patience and care, giving you the space to make decisions at a pace that works for you.
Connected to wider legal support
Because we work across the full range of private client services, including Wills, probate, Powers of Attorney, trusts and tax and Court of Protection, we can provide joined-up advice that takes account of everything at stake.
Your Questions Asked
Contentious probate refers to any dispute that arises during the administration of an estate or the probate process. This can include challenges to the validity of a Will, inheritance claims under the Inheritance Act 1975, disputes between executors and beneficiaries, and disagreements about how an estate is being managed. It is sometimes referred to as contested probate.
Challenging a Will involves questioning whether the Will is legally valid, for example, because of concerns about capacity, undue influence or improper execution. An inheritance claim is made under the Inheritance (Provision for Family and Dependants) Act 1975 and argues that the Will, although valid, does not make reasonable financial provision for the person bringing the claim. The two are separate legal processes, though they can sometimes run alongside each other.
Yes. A claim under the Inheritance Act 1975 must generally be brought within six months of the date the Grant of Representation is issued. It is possible to apply to the court for permission to bring a claim after this deadline, but the court has discretion and late claims are not always permitted. Early legal advice is strongly recommended.
Not everyone has the right to challenge a Will. You will generally need to be someone who is named in the Will, someone who was named in a previous Will or a close family member. If you are considering a challenge, a dispute lawyer can assess whether you have standing to bring a claim and advise on the likelihood of success.
If an executor is not administering the estate properly, is causing unreasonable delays or is acting against the interests of the beneficiaries, it may be possible to apply to the court to have them removed. We can advise on whether this is appropriate in your situation and help you take the right steps.
The length of time depends on the nature and complexity of the dispute, whether the matter can be resolved through negotiation or mediation and whether court proceedings are needed. Some disputes are settled within a few months. More complex cases, particularly those that go to trial, can take a year or longer. We keep you informed of expected timescales throughout.
Mediation is often a sensible first step. It is generally quicker, less expensive and less adversarial than court proceedings, and the courts increasingly expect parties to have considered mediation before issuing a claim. We can advise on whether mediation is likely to be effective in your particular situation.
A dispute resolution solicitor advises on legal disagreements and works to resolve them, whether through negotiation, mediation or court proceedings. In the context of private client work, this typically involves inheritance disputes, Will challenges, probate disputes, trust disputes and Court of Protection disagreements. We assess the strength of your position, explain your options and represent your interests throughout.
Resources
Explore our guides on Wills, Probate, Power of Attorney, Trusts, and Tax Planning.
See the previous cases we have helped clients with and our approach.
Discover how legal changes could impact you. Explore our blog for the latest insights and updates.
