Contentious Probate and Inheritance Disputes Solicitors

We can help you

Call today to speak with our team.

0800 988 7756

Estate disputes are becoming increasingly common. Whether you are dealing with an estate that somebody contests or feel that you have to challenge an estate, it can be a stressful experience. Getting good inheritance and will disputes advice as soon as possible is vital.

We have substantial experience with resolving contentious probate and inheritance disputes for clients from all walks of life. Our wills and administering estates services are tailored to ensure that your probate experience is fair and accurate. We understand how important it is for probate and inheritance to be handled accurately, and provide practical advice to help find fast solutions.

How can we help?

Complete our enquiry form and we’ll get back to you.

w

Our contentious probate and inheritance solicitors can guide you through the process and advise at each stage of your case, including:

Contesting a will
Inheritance Act claims
Challenging lifetime gifts
Disputes over executor or trustee conduct
Removing or replacing executors or trustees
Disputes between beneficiaries
Rectification of a will
Claims of proprietary estoppel

Contact our contentious probate solicitors in Leeds and London

If you would like help with contentious probate matters, call us at 0800 988 7756, or contact us by using the simple enquiry form on this page. We have contentious probate solicitors in Leeds, Moortown and London who are ready to provide friendly, practical advice.

Why choose our contentious probate and inheritance dispute solicitors?

Our solicitors for contentious probate and inheritance dispute solicitors understand the frustration that comes from having to confront legal matters whilst in a time of loss. Sometimes grief makes people feel defensive, which is why we take a practical and holistic approach to our clients’ needs, sensitively providing expert advice.

We have been helping clients to contest probate for years, with a track record for success that is a testament to the wealth of knowledge and experience we bring to each case. Members of our wills and inheritance team are part of STEP (the Society of Trust and Estate Practitioners) and accredited by The Association of Lifetime Lawyers. All of our team are Dementia Friends, and specialists in working with the elderly.

Our contentious probate and inheritance dispute services

Contesting a will

If you believe that a will does not reflect the accurate and true wishes of the person who made it, then you may have grounds to challenge it. This could relate to lack of mental capacity, undue influence, fraud, or failure to satisfy legal requirements.

Contesting a will can be complex, which is why our team take a committed approach to each case, guiding clients through the process with precision and sensitivity.

Inheritance Act claims

The Inheritance (Provision for Family and Dependants) Act 1975 allows spouses, children, financial dependents, and select others to make a claim if they have not been left adequate provision in a will or under intestacy.

Our contentious probate solicitors can review your case and advise you on the viability of a claim, helping you to gather evidence and present your claim in a way most likely to see success.

Challenging lifetime gifts

Disputes can arise where, during the deceased’s lifetime, a significant gift was made that devalued the estate. These gifts can usually be challenged on grounds such as undue influence, fraud, or improper intention.

By helping you to challenge a lifetime gift, our inheritance dispute solicitors can help you restore fairness to an estate, ensuring that your inheritance reflects an accurate account of the estate’s worth and the deceased person’s wishes.

Disputes over executor or trustee conduct

Executors and trustees are under a strict obligation to manage estates and trusts in the best interests of beneficiaries. Failing these duties, such as deliberately delaying administration, behaving dishonestly, or mismanaging trusts, can lead to disputes.

Addressing executor or trustee misconduct can be intimidating, but our contentious probate lawyers can help. We know how to progress inheritance disputes quickly to prevent misconduct from affecting estate values and ensure that the estate is dealt with correctly.

Removing or replacing executors or trustees

If an executor or trustee is unwilling or unable to carry out their duties, or is doing so dishonestly or improperly, then you may need to apply to the court to replace or remove them.

Preserving the estate as it is administered is crucial. Levi’s inheritance and will disputes team can help you promptly identify a reason and means to replace an executor or trustee where necessary.

Disputes between beneficiaries

Tensions can arise when beneficiaries feel they have been treated unfairly, disagree on how an estate should be managed, or were left out of a will. These can be emotionally damaging disputes, particularly when left unresolved.

Without expert legal support, we can frequently resolve these conflicts through negotiation or mediation, preventing costly and stressful court fees and drawn-out litigation processes. Work with our solicitors, and we will ensure that you can progress the probate process without further delay.

Rectification of a will

Mistakes in drafting the will, such as unclear wording or omissions, can lead to serious delays and difficulty administering the estate. This can be extremely frustrating, but it may be possible to apply to the court to resolve the matter, ensuring that the will accurately reflects the deceased’s intentions. Our contentious probate solicitors can help you to do so, amending any mistakes and managing any paperwork.

Claims of proprietary estoppel

If you have claimed a promised inheritance but were later excluded from the will, you may be able to bring a claim under proprietary estoppel.

Our solicitors for contentious probate can help you to prove that a clear promise was made, and that your reliance on it makes the eventual will unfair and unreasonable. We recognise the significance of correctly and fairly distributing assets and will work diligently on your behalf to make matters fair.

Frequently asked questions about contentious probate and inheritance disputes

What are the grounds for challenging a will?

A will can be contested on various grounds, such as:

Lack of capacity, meaning that the individual who made the will was not mentally able to reasonably understand its implications,
Undue influence, meaning that someone was coerced into making their will a certain way,
Lack of a present witness during the signing,
Fraud or forgery, and;
Failure to comply with legal formalities.

Sometimes, beneficiaries have further opportunities to raise inheritance and will disputes, such as when the will fails to make appropriate financial provisions for dependents. Our contentious probate lawyers can assess your circumstances and advise on the pathways available to you for making a valid case.

How much does it cost to contest a will?

The cost of pursuing contentious probate claims will vary depending on how complex the matter is, the willingness of parties to negotiate, and whether the case requires court intervention. Our Wills and probate department is skilled at finding cost-friendly solutions and gladly discusses our fees during our first meeting.

What is the time limit for making an inheritance claim?

Under the Inheritance (Provision for Family and Dependants) Act 1975, you usually have six months beginning from the day that the Grant of Probate to initiate a claim. However, claims to contest probate due to undue influence or fraud may afford you extra time, though delays due to the additional severity of the accusation can make the case take longer to pursue. You are strongly advised to seek early legal advice from contentious probate lawyers to secure your best chance at a successful case.

Can I dispute a will if I was promised an inheritance but not included?

Yes, you can dispute a will if you were promised an inheritance but ultimately excluded. This is known as proprietary estoppel and is grounds to contest a will after probate. Usually this involves proving that the promise was made and that you depended on it, and how it is unfair that it was not honoured.

What is the process for mediation in a probate dispute?

Mediation is a method of resolving inheritance disputes outside of court, typically cutting costs, minimising time commitment, preserving family relationships, and decreasing stress. Typically, this method involves parties meeting with an independent mediator who helps a fruitful discussion happen in confidence.

Our inheritance dispute lawyers recommend negotiation as we find it helps our clients to resolve matters at minimal cost to themselves, including inheritance disputes between siblings which are notoriously emotional.

What happens if a will is found to be invalid?

If the Court rules that a will is invalid, then the estate is typically distributed under the terms of any earlier valid will. If there is no such will, then the estate is divided under intestacy rules. Contesting probate in such circumstances can be complex, but advice from contentious probate lawyers can help protect your interests.

Who pays the legal costs in an inheritance dispute?

In inheritance and will disputes, the losing party typically pays the winner’s legal costs. However, especially in probate cases, the court can order that the costs are paid out of the estate. In order to minimise the risk of personal liability, claimants often explore settlement or mediation to keep the cost of their continuous probate claims to a minimum.

How do I challenge the executor of a will?

If you have reason to suspect that an executor is acting improperly, such as mismanaging the estate, failing their duties, or delaying administration on purpose, then you can apply to the court for their removal or replacement.

This form of contentious probate claim most often arises during family inheritance disputes where trust has broken down. Expert legal guidance is key to demonstrating clear evidence of misconduct before the court can intervene.

What are the common reasons for family disagreements over an inheritance?

Family inheritance disputes commonly arise over matters such as:

Unequal or unfair treatment of siblings,
Uncertainty over promises made by the deceased,
Disagreements over a will’s validity, or;
Dissatisfaction with the executor’s behaviour.

Emotions, financial pressure, grief, and longstanding tensions can bring probate processes to a halt, freezing assets and exacerbating inheritance disputes. Securing early legal advice from inheritance dispute lawyers can be key to preventing the escalation of matters.

Contact our contentious probate solicitors in Leeds and London

If you would like help with contentious probate matters, call us at 0800 988 7756, or contact us by using the simple enquiry form on this page. We have contentious probate solicitors in Leeds, Moortown and London who are ready to provide friendly, practical advice.