Our contentious probate lawyers advise executors, trustees and beneficiaries, in the UK and internationally, on the action to take when a dispute occurs over the administration of a trust or an estate. No client or set of circumstances is the same so we take the time to gain an in-depth understanding of the intricacies of the situation. We can then work with you to develop an individually tailored strategy to help you achieve the best possible outcome.

Wherever possible, we aim to achieve early resolution. However, when litigation is unavoidable, we have the expertise to guide you skillfully through the process. Our team prides itself on producing innovative solutions for clients and has the expertise to resolve high-value, complex disputes involving multiple jurisdictions.

What is contentious probate?

Contentious probate is any legal dispute relating to a person’s estate after their death. It’s an umbrella term that covers a wide range of claims, including:

– Disputes over the validity of a will
– Challenges to the executor’s powers or decision-making
– Applications to remove and replace executors (or other personal representatives)
– Claims for financial provision from an estate by someone who has not been left enough to meet their needs
– Claims to clarify a will when its meaning is unclear
– Claims to rectify an obvious mistake in the will’s content
– Claims to honour a deceased’s promise, where it is not fulfilled in the will
– Disputes about lifetime gifts made by the deceased person
– Claims by or against the estate in respect of debts owed

This is not a complete list. Families are both wealthier and more complex than ever before, meaning the potential for disputes to arise is increasing. Any disagreement about how a loved one’s estate is handled can potentially fall under the contentious probate umbrella.

What is the process for dealing with contentious probate?

There is no single process for dealing with contentious probate. Since each case is different, the process required, and timetable followed, will depend on the nature and facts of the dispute. As a first step, your solicitor will identify whether there is a valid claim, who can bring the claim, and the most effective and proportionate approach for resolving it.

Where possible, we will consider alternative avenues such as mediation to ensure that disputes are resolved quickly and cost-effectively. Some contentious matters, such as claims for rectification and for financial provision under the Inheritance (Provision for Family and Dependants) Act 1975, require an application to the Court within strict deadlines. We will walk you through the process and advise you about the merits and prospects of success, likely costs and timescales so you can make an informed decision about how to proceed.

Who pays contentious probate fees?

There may be different answers to this question depending on the claim. The usual rule is that the loser pays the winner’s costs, but there may be exceptions. In some contentious probate claims, costs can be recovered from the estate. In others, a party to the dispute may have to bear their own legal costs. We will explain your options to you clearly and help you decide on the best approach for your situation.

How long does contentious probate take?

Again, this will depend on the type of claim. Some claims have strict time limits; for example, if you are claiming that the deceased should have provided for you but did not, you have just six months from the date of the Grant of Probate to bring the claim. If you are claiming the deceased was coerced into making their will, the time limit can be up to twelve years.

Some claims are much simpler to deal with than others. For example, an application to correct an obvious error in a will, like a typo, is going to be dealt with much quicker than an application to enforce a promise the deceased made before they died. Every claim goes through a number of stages which may or may not include court action. Deciding to settle the claim before it reaches court, or choosing to use a type of Alternative Dispute Resolution such as mediation, will likely shorten the process.