When a dispute arises following the death of a loved one, it can quickly become both emotionally and legally complex. Whether you are questioning the validity of a will, concerned about the actions of an executor, or believe you have been unfairly excluded from an inheritance, seeking advice from a lawyer who specialises in contested probate cases can be an important first step.
Contentious probate disputes often involve significant sums of money and complex legal issues. Choosing the right lawyer can help you understand your position, protect your interests and work towards the most appropriate resolution.
What is a contested probate lawyer?
A contested probate lawyer specialises in disagreements and legal challenges relating to wills, estates, trusts and inheritance matters that arise after a person’s death.
Examples of cases they may handle include:
- Challenging the validity of a will
- Inheritance (Provision for Family and Dependants) Act 1975 claims (also referred to as Inheritance Act 1975 claims) for reasonable financial provision
- Executor and trustee disputes
- Allegations of undue influence
- Claims involving lack of mental capacity (or more usually referred to as testamentary capacity)
- Trust disputes
- Estate administration disputes
- Disagreements between beneficiaries
Because contentious probate combines elements of probate law, trust law and litigation, it is important to choose a lawyer with specific experience in this area rather than a general practitioner.
Why is specialist experience important?
Contested probate disputes can be significantly more complicated than many people realise.
These cases often require detailed investigations into a person’s mental/ testamentary capacity, financial circumstances, family relationships and estate planning history. They can involve extensive documentary evidence, witness statements and court procedures.
A specialist solicitor will understand:
- The legal grounds for bringing a claim
- The evidence needed to support a case
- Relevant court procedures and deadlines
- Strategies for resolving disputes through negotiation or mediation
- The likely strengths and weaknesses of your position
Seeking specialist advice at an early stage can often help avoid costly mistakes and improve the chances of achieving a favourable outcome.
Signs you may need a contested probate solicitor
Many people are unsure whether their concerns justify legal advice. We would recommend that you speak to a contested probate solicitor if:
You believe a will is invalid and have concerns that:
- The deceased lacked mental capacity when making the will
- Someone pressured the deceased into changing their wishes
- The will was forged or fraudulently altered
- Proper legal formalities were not followed
You have been left out of a will and have not received reasonable financial provision from an estate. Certain individuals may be entitled to bring a claim under the Inheritance Act 1975 and can include:
- Spouses and civil partners
- Former spouses in certain circumstances
- Children
- Individuals treated as children of the family
- Financial dependents
You are concerned about an executor’s conduct and feel that they are:
- Delaying the administration of the estate
- Failing to provide information
- Mismanaging assets
- Acting in a conflict of interest
- Favouring certain beneficiaries
There is a family dispute over an estate:
- Unfortunately, inheritance disputes can create tension between family members, particularly where significant assets or complex family structures are involved.
A specialist solicitor can help assess the legal issues and provide objective guidance during what can be a highly emotional situation.
What should you look for in a contested probate lawyer?
Not all lawyers have the same level of expertise in contentious probate matters. When choosing a lawyer, consider the following factors.
Relevant experience
Look for a solicitor who regularly handles contentious probate and inheritance disputes rather than someone who only deals with probate administration. Many law firms will outline their areas of expertise and examples of the cases they handle on their website.
Litigation expertise
While many disputes are settled without court proceedings, it is important that your solicitor has experience of litigation if formal action becomes necessary. They should be comfortable advising on court processes, evidence gathering and dispute resolution strategies.
Strong communication skills
Contentious probate disputes often involve difficult conversations and emotional circumstances. A good solicitor should be able to explain legal issues clearly, keep you informed and provide practical advice throughout the process.
Alternative dispute resolution experience
Many inheritance disputes can be resolved through negotiation or mediation without the need for a trial. Solicitors who are experienced in alternative dispute resolution can often help clients achieve a quicker and more cost-effective outcome.
Questions to ask during an initial consultation
Many firms offer an initial discussion to understand your situation. Useful questions may include:
- Have you handled similar cases before?
- What are the strengths and weaknesses of my claim?
- What evidence will be required?
- What timescales are involved?
- What are the likely legal costs?
- Are there alternatives to court proceedings?
- What outcome do you think may be achievable?
The answers can help you determine whether the lawyer has the expertise and approach that best suits your needs.
How soon should you seek legal advice?
One of the most common mistakes people make is waiting too long before seeking advice.
Certain contentious probate claims are subject to strict time limits. For example, claims under the Inheritance Act 1975 generally need to be brought within six months of the Grant of Probate being issued, though the Courts have a discretion to extend time (though this should not be relied on).
Delays can also make it more difficult to obtain evidence and may allow estate assets to be distributed before a dispute is fully investigated. For this reason, it is usually advisable to seek specialist advice as soon as concerns arise.
Can contentious probate cases be settled without going to court?
Yes. In fact, many contentious probate disputes are resolved through negotiation, mediation or other forms of alternative dispute resolution. Reaching an agreement outside of court can offer several advantages:
- Reduced legal costs
- Faster resolution
- Greater privacy
- Less stress for family members
- More control over the outcome
An experienced contentious probate lawyer will usually explore opportunities for settlement while also ensuring you are prepared should formal proceedings become necessary.
How B P Collins can help
The specialist contentious probate team at B P Collins advises clients on a wide range of inheritance and estate disputes, including will validity challenges, Inheritance Act 1975 claims, executor disputes, trust disputes and estate administration matters.
The team understands that these cases often arise during emotionally difficult circumstances, they combine technical legal expertise with a practical and sensitive approach. Whether you are considering bringing a claim or responding to one, obtaining early advice can help you understand your options and make informed decisions about the best way forward.
Contact B P Collins
If you are involved in a dispute relating to a will, trust or estate, speaking to a specialist contentious probate lawyer can help clarify your position and identify the most appropriate next steps.
The contentious probate team at B P Collins can provide expert guidance on all aspects of contested probate claims, helping clients navigate complex inheritance disputes with confidence. Arrange a conversation at a time that suits you by contacting Craig Williams or call us on 01753 889995 or enquiries@bpcollins.co.uk.
