Frequently Asked Questions

Find answers to common questions about inheritance disputes and contentious probate matters.

Can’t find your answer?

Contact our team for a free consultation about your specific situation.

General Questions

Contentious probate refers to any dispute that arises in relation to someone’s estate after they have died. This could include:

• Challenging the validity of a Will
• Claims for reasonable financial provision
• Disputes between executors and beneficiaries
• Problems with estate administration
• Concerns about trustee conduct

Our specialist team can help resolve these disputes efficiently while being mindful of preserving family relationships where possible.

Time limits vary depending on the type of claim:

• Inheritance Act claims must be brought within 6 months of the grant of probate
• Claims challenging Will validity have no strict time limit but should be brought promptly
• Claims against estate administrators have a 12-year limitation period
• Claims for financial provision by dependants have a 6-month time limit

We strongly recommend seeking legal advice as soon as possible, as delay can harm your case.

While it’s not legally required to have a solicitor, contentious probate matters are complex and technical. Having specialist legal representation will:

• Ensure your case is properly prepared
• Help you understand your legal position
• Maximize your chances of success
• Often lead to early settlement
• Protect you from costly mistakes

Our team offers free initial consultations to discuss your situation.

Will Disputes

A Will can be challenged on several grounds:

• Lack of testamentary capacity
• Undue influence
• Lack of knowledge and approval
• Invalid execution
• Fraudulent or forged Wills
• Clerical errors requiring rectification

Our team can assess your case and advise on the strongest grounds for challenge.

The evidence required depends on the grounds of challenge but may include:

• Medical records
• Witness statements
• Previous versions of Wills
• Letters and emails
• Financial records
• Professional opinions

We help gather and analyze all relevant evidence to support your case.

Yes, you can contest a Will even if you’re not named as a beneficiary if:

• You were financially dependent on the deceased
• You are a spouse or child of the deceased
• You were promised an inheritance
• You were named in a previous Will
• You would inherit under intestacy rules
• You believe the Will is invalid

Contact us to discuss your specific situation.

Costs & Funding

Our No Win No Fee agreement means:

• No upfront legal costs
• No ongoing payments during your case
• No fee if your case is unsuccessful
• Clear explanation of costs if you win
• Insurance protection available
• Transparent fee structure

We’ll explain all costs clearly at the start of your case.

In contentious probate cases:

• The court has wide discretion on costs
• Generally, the losing party pays a proportion of costs
• Costs can sometimes be paid from the estate
• Early settlement often includes cost agreements
• Mediation can help manage costs

We’ll advise on the likely costs position in your case.

Estate Administration

If an executor is not performing their duties correctly, you can:

• Request an account of their actions
• Ask the court to remove them
• Seek compensation for losses
• Apply for a replacement executor
• Challenge specific decisions

We can advise on the best course of action.

While every estate is different:

• Simple estates typically take 6-12 months
• Complex estates may take longer
• Disputes will extend the timeline
• Executors must act within reasonable time
• Unnecessary delays can be challenged

Contact us if you’re concerned about delays.