Contentious Probate Litigation

Contentious Probate Litigation

Unfortunately, it is not uncommon for disputes to arise after the death of a loved one. Whatever the challenges you or your family are facing, our Contentious Probate team has the knowledge and experience to help. We are able to advise on the best approach to any dispute, whether it be litigation or mediation, to protect your interests and resolve contentious probate disputes smoothly, sensitively, and effectively.

We regularly assist with disputes in relation to the contents of a Will, the size or lack of an inheritance, or the way an estate is being administered.

If you consider that insufficient provision has been made for you in a Will or under the intestacy rules, we can advise on whether you may be able to apply to the court for reasonable provision under the Inheritance (Provision for Family and Dependants) Act 1975. This applies even if the person who has died did not make a Will or you are unhappy with a Will despite being satisfied it is valid.

The role of executor (or administrator) is an onerous one, and there are rules that must be followed. If an executor does not administer an estate correctly, then they may be personally liable for any losses of the estate. It is possible to remove the executor from the position and replace them with someone else. We can assist in these matters whether you are the person tasked with the role of executor or administrator and need to ensure you are complying with the relevant responsibilities, or in the case that you are unhappy with the behaviour of the current executor/administrator.

Our Private Client team can also act as independent administrators, dealing with the administration of the estate when the named executors are unable to reach an agreement and have been removed or have agreed to stand down.

We also recognise that in the aftermath of losing a loved one, most people want to avoid the upset and inconvenience of a court battle. Fortunately, in most cases, court proceedings are not needed to resolve inheritance disputes. Our contentious probate lawyers are experts in alternative geschillenbeslechting, including mediation, so we can usually help you to achieve a positive outcome outside of the courtroom.