Home Legal Services Contested Wills, Probate and Estates
Disputes over a loved one’s estate are among the most difficult situations families face. Whether you believe a will is invalid, you’ve been unfairly left out of an inheritance, or an executor isn’t doing their job properly, you need clear advice and someone who’ll fight your corner. Our contentious probate solicitors guide you through the process with sensitivity and determination, working to resolve disputes as quickly and cost-effectively as possible.
Get a free, no-obligation chat with our Contested wills and probate team, call us on 02920 829 100 or use our Contact us form.
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Losing someone you love is hard enough. When disputes arise over their estate, whether that’s a challenge to the validity of their will, concerns about how an executor is handling things, or feeling you’ve been unfairly excluded from an inheritance, it adds stress at the worst possible time.
Contentious probate cases are often emotionally charged and legally complex. Family relationships are strained, significant sums of money may be at stake, and there are strict time limits for bringing certain claims. Getting the right advice early can make a real difference to the outcome.
Our contentious probate solicitors help individuals across Wales and the UK resolve disputes involving wills, estates, and trusts. We act for beneficiaries who’ve been left out or haven’t received enough, executors facing challenges to their administration, and families who suspect something isn’t right with a will. Whatever your situation, we’ll give you honest advice about your options and work to achieve the best possible outcome.
Most disputes can be resolved through negotiation or mediation without going to court. When litigation is unavoidable, we have the expertise and determination to pursue your case effectively.
Ready for a free, no-obligation chat? Call us on 02920 829 100 or use our Contact us form.
Contentious probate is the legal term for disputes that arise in connection with someone’s estate after they’ve died. These disputes can involve:
These cases require specialist knowledge. The law in this area is complex, with specific rules about time limits, evidence, and procedure. A solicitor who deals with contentious probate regularly will be able to assess your case quickly and advise on the best way forward.
If you believe a will is invalid, we can help you challenge it. Common grounds for contesting a will include:
We’ll assess the strength of your case, gather the evidence needed, and pursue the challenge through negotiation or court proceedings.
View our services on Contesting a Will
If you’ve been left out of a will or haven’t received enough to meet your needs, you may be able to claim under the Inheritance (Provision for Family and Dependants) Act 1975. This allows certain categories of people to apply to the court for reasonable financial provision from an estate.
You can make a claim if you were:
These claims must usually be made within six months of the grant of probate, so getting advice quickly is essential.
View more on Inheritance Act Claims
Executors have a duty to administer an estate properly, in accordance with the will and the law. If you’re a beneficiary and you’re concerned about how an executor is handling things, we can help. Common issues include:
We can take steps to compel an executor to act, require them to provide information and accounts, or in serious cases, apply to have them removed and replaced.
If you’re an executor facing a challenge to the will, or a beneficiary whose inheritance is being threatened by a claim, we can defend your position. Challenges to wills can be stressful and disruptive, and you need robust representation to protect your interests.
We’ll assess the strength of the claim against you, gather evidence to support your defence, and work to resolve the dispute as efficiently as possible.
Disputes can arise over how trusts are managed, whether trustees are acting properly, or who is entitled to benefit. We advise both trustees and beneficiaries on:
When someone dies without a valid will (intestate), their estate is distributed according to fixed legal rules. These rules don’t always reflect what the deceased would have wanted, and they make no provision for unmarried partners, stepchildren, or close friends.
If you believe you should have been provided for but haven’t been under the intestacy rules, you may still be able to make a claim under the Inheritance Act. We can advise on your options.
If a solicitor or will writer made mistakes when drafting a will, and you’ve lost out as a result, you may have a claim for professional negligence. We can advise on whether you have grounds for a claim and pursue compensation on your behalf.
View more on Professional Negligence claims
There are several legal grounds on which a will can be challenged:
To make a valid will, a person must have had the mental capacity to understand what they were doing. They must have understood:
If there are concerns about capacity, medical records and the solicitor’s file notes are often key evidence.
A will may be invalid if someone applied pressure or coercion to get the person to make or change it. Undue influence can be subtle and is often difficult to prove. It typically involves someone in a position of trust or power over the deceased exploiting that relationship.
Even if a person had capacity, they must have understood and approved the contents of their will. If they signed a document without understanding what it said, or if the terms don’t reflect their true wishes, the will may be invalid.
This includes forged signatures, fake wills, or situations where someone lied to the deceased to influence their decisions (known as fraudulent calumny). For example, telling the deceased false information about a family member to get them written out of the will.
For a will to be valid, it must comply with the formal requirements of the Wills Act 1837. It must be in writing, signed by the testator in the presence of two witnesses, and the witnesses must then sign. Failure to follow these rules can invalidate the will.
Different types of claims have different time limits:
The message is clear: if you think you have a claim, get advice as soon as possible. Delay can seriously damage your position.
We’ll discuss your situation and give you an honest assessment of your case. We’ll explain the legal issues, the evidence you’ll need, and the likely costs and timescales. If we don’t think you have a viable claim, we’ll tell you straight.
Depending on the nature of the dispute, we may need to obtain the deceased’s medical records, the solicitor’s file, financial records, or witness statements. We’ll handle this process for you.
In some cases, urgent action is needed. If assets are about to be distributed, we may need to lodge a caveat at the Probate Registry to stop the grant of probate being issued. If an executor is about to sell property, we may need to seek an injunction.
Most contentious probate disputes settle without going to court. We’ll attempt to negotiate a resolution with the other parties. If direct negotiation doesn’t work, mediation can be an effective way to reach agreement. A neutral mediator helps the parties find common ground, and settlements reached through mediation are often quicker and cheaper than going to court. Whilst mediation is not a mandatory step in contentious probate claims, we would usually advise exploring it before pursuing court proceedings.
If the dispute can’t be resolved through negotiation or mediation, we’ll pursue or defend court proceedings on your behalf. We have the expertise to handle complex litigation and will prepare your case thoroughly.
Once a settlement is reached or judgment obtained, we’ll ensure the terms are implemented properly and the estate is distributed correctly.
We understand that cost is a major concern in contentious probate cases. We provide clear, transparent advice on costs at the outset and keep you informed throughout.
For most contentious probate work, we charge on an hourly rate basis. We’ll give you an estimate of likely costs at the start and update this as the case progresses. Some matters may be suitable for fixed fees or capped costs arrangements.
Depending on your circumstances and the nature of the dispute, funding options may include:
We’ll discuss all available options openly and honestly and help you find the right approach for your situation.
Choosing a law firm is a big decision. You want experts who actually get you and your organisation, respond when you need them, and give you straight answers. That’s us. We’re one of Wales’ leading commercial law firms, and we do things a little differently.
We’re the leading commercial law firm with offices in South and North Wales offering Welsh language legal services at every level, from trainees right through to partners. This isn’t an add-on or a tick-box exercise. It’s part of who we are. If you’d prefer to discuss something as sensitive as a family dispute in Welsh, you’ll find that expertise right across our team.
You won’t be passed through layers of gatekeepers here. When you call, you’ll speak to the solicitor handling your matter. You’ll have their direct contact details and a genuine working relationship. In contentious probate cases, where emotions run high and developments can happen quickly, that direct relationship really matters.
We don’t work in silos. Our contentious probate team works closely with colleagues in wills, trusts, tax, and property. If your dispute involves complex tax issues, property transactions, or trust structures, we have the expertise in-house to deal with everything together.
Devolved decision-making and flexible working hours mean we can move at pace. You’ll get faster responses, even outside regular office hours. In contentious probate, where time limits are strict and urgent action is sometimes needed, speed matters.
Getting to know our clients properly matters to us. We understand that contentious probate disputes are often deeply personal, involving grief, family relationships, and significant financial stakes. We treat our clients with empathy and respect, while fighting hard for their interests.
You’ll always get the full picture from us. We’ll tell you honestly whether you have a good case, what the risks are, and what it’s likely to cost. No sugarcoating, no hedging, just practical guidance you can rely on to make informed decisions.
We’ll keep you informed throughout your case and let you know promptly about any developments. If there are setbacks, you’ll hear about them from us straight away, along with our advice on how to respond.
Your presentation of evidence was brilliant, and was hugely uplifting to read. Thank you for all your advice and help along the way which enabled this outcome.
Mrs R Jones
When a will ends up in dispute, the solicitor who drafted it can find themselves pulled into lengthy litigation, even with no personal stake in the outcome. That’s what happened to our client, Nicholas O’Sullivan, a solicitor and named executor for the late Kantaben Patel. Her daughter challenged the validity of her mother’s later will, alleging she hadn’t properly understood or approved its contents and had been unduly influenced by other family members. A separate dispute over a £35,000 loan referenced in the will was consolidated with the case, and both claims went to a full trial in the Chancery Division of the High Court, sitting in Cardiff.
Darwin Gray represented Mr O’Sullivan, who had to give written and oral evidence about how the will was prepared and executed, all while staying neutral on the family dispute itself. Our commercial dispute resolution team, led by Kate Parker, set out the legal framework the court needed to decide the case, including the established principles around knowledge, approval, and undue influence in contested probate matters, drawing on leading cases like Gill v Woodall and Edwards v Edwards. We also helped the court work through a novel point on the validity of a “no contest” clause, pointing the judge to relevant precedent so he could resolve it with confidence.
Following a two-day hearing, HHJ Jarman KC found that Mrs Patel did know and approve of her will’s contents, and that the undue influence claims hadn’t been made out. The will was upheld, and the court confirmed the £35,000 loan was still owed by the estate. For our client, the judgment was a clear vindication of the process he’d followed, including meeting privately with his client, using a detailed instructions questionnaire, and explaining complicated clauses in plain terms before execution.
Contentious probate is the legal term for disputes that arise in connection with someone’s estate after they’ve died. This includes challenges to the validity of a will, claims by people who’ve been left out or haven’t received enough, disputes about how executors are administering the estate, and disagreements about trust management. These cases require specialist knowledge and often involve both emotional and legal complexity.
The strength of your claim depends on the specific circumstances and the evidence available. We offer a free initial consultation where we’ll assess your situation and give you an honest view of whether you have grounds for a claim. Factors we’ll consider include the legal basis for your claim, the evidence available, and the likely costs and benefits of pursuing it.
Costs vary depending on the complexity of the case and whether it settles early or goes to court. Simple disputes resolved at an early stage through negotiation may cost a few thousand pounds. Complex cases that go to trial can cost significantly more. We provide clear cost estimates at the outset and keep you updated as the case progresses. In some cases, alternative funding arrangements may be available.
Time frames vary considerably. A straightforward dispute resolved through negotiation might be concluded in a few months. Complex cases involving court proceedings can take one to two years or longer. We’ll give you a realistic estimate based on the specifics of your case.
A caveat is a notice lodged at the Probate Registry that prevents a grant of probate being issued. It effectively puts the administration of the estate on hold while the dispute is investigated. Caveats are used when you have concerns about the validity of a will or believe there are grounds to challenge the estate. A caveat lasts for six months and can be renewed.
Yes, but it’s more difficult and costly. Once probate has been granted and assets have been distributed, recovering them is much harder. This is why it’s important to take action promptly if you have concerns. If you’re considering a claim, don’t wait.
Claims under the Inheritance (Provision for Family and Dependants) Act 1975 must usually be brought within six months of the grant of probate. The court can extend this deadline in exceptional circumstances, but there’s no guarantee. If you think you might have a claim, get advice as soon as possible.
Yes, most contentious probate disputes settle without going to court. Negotiation and mediation are often effective ways to reach agreement, and they’re usually quicker and cheaper than litigation. We always explore these options first, but if court proceedings become necessary, we have the expertise to pursue them effectively.
Executors have legal duties to administer the estate properly, in accordance with the will and the law. If an executor is causing unreasonable delays, failing to provide information, mismanaging assets, or acting in their own interest rather than the beneficiaries’, legal action can be taken. This can include compelling them to provide accounts, requiring them to act, or in serious cases, applying to have them removed.
Possibly. If you believe you should have been provided for but weren’t, you may be able to make a claim under the Inheritance Act 1975. This applies to spouses, civil partners, former spouses, children, cohabitants, and people who were financially dependent on the deceased. The claim is for reasonable financial provision, not necessarily what you think you should have received.
Undue influence occurs when someone uses their position of trust or power over another person to pressure or manipulate them into making or changing their will. It’s different from simply persuading someone: it involves overcoming their free will. Undue influence can be subtle and is often difficult to prove, which is why specialist advice is important.
Contentious probate is a complex area of law with its own rules, procedures, and time limits. A solicitor who specialises in this area will be able to assess your case quickly, identify the key issues, and advise on the best strategy. They’ll also have experience of how these disputes typically resolve and the tactics that work.
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Unit F12, InTec, Ffordd y Parc, Parc Menai, Bangor, LL57 4FG
We’re happy to meet clients at either office, arrange home visits where needed, or work by video call if that’s more convenient for you.
Contentious probate disputes are stressful and often deeply personal. But you don’t have to face them alone. Our experienced team can assess your situation, explain your options, and help you achieve the best possible outcome.
The sooner you get advice, the better. Time limits apply to many claims, and early action can often prevent problems from escalating.
Get a free, no-obligation chat with our Contested wills and probate team, call us on 02920 829 100 or use our Contact us form.
To speak to one of our experts today, please contact us on 02920 829 100 or by using our Contact Us form for a free initial chat to see how we can help.
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