Contentious Probate

Contentious Probate

Disputes over a loved one’s estate can be deeply upsetting, particularly when they arise during an already difficult time.

At Butcher & Barlow, our experienced team provides clear and sensitive legal advice to help you work through disagreements and disputes as efficiently and amicably as possible.

Ranked by the Legal 500, we have many years of experience handling complex Will challenges, estate claims and probate disputes.

We act for both those bringing and those defending claims, always with a focus on finding fair and practical solutions.

Contentious probate claims may be made by beneficiaries, family members or dependants. They often involve questions about whether a Will is valid, concerns of undue influence, or claims that reasonable financial provision has not been made.

We will take the time to understand your situation fully before advising you on the options available.

Get expert advice on your probate dispute today from Butcher & Barlow

For specialist contentious probate advice, please contact our Wills, trusts and estate solicitors at Butcher & Barlow, or email enquiries@butcher-barlow.co.uk.

Butcher & Barlow – Experienced Contentious Probate Solicitors

When someone dies, disagreements about their Estate can place additional strain on families at an already difficult time. Disputes may arise about how the Estate should be shared, whether the Will is valid, whether someone has been unfairly left out or how an Executor is carrying out their role. There may also be worries about the wording of the Will or what should happen if there is no Will at all.

These issues can quickly become complex, both legally and emotionally. Early advice from a specialist contentious probate Solicitor can help you understand your position, protect your interests and reduce the risk of matters escalating.

Contesting the validity of a Will

Contesting the validity of a Will means asking the Court to decide whether the Will genuinely reflects the wishes of the person who has died.

Concerns may arise about how the Will was prepared, whether the person had the mental capacity to make it, whether they knew and approved what they were signing, or whether they were pressured or misled. Sometimes there may be questions about whether the Will was signed and witnessed properly.

Claims are often brought by close family members or others who believe they have been unfairly excluded or who expected to receive a greater share of the Estate. If you believe that a Will is wrong or unfair, we can explain whether you may have grounds to challenge it and guide you through the next steps.

Grounds for contesting a Will

There are several main grounds on which the validity of a Will can be challenged, including:

• Lack of mental capacity – where the person making the Will did not fully understand what they were doing or the effects of their decisions.
• Lack of knowledge and approval – where they signed the Will but did not truly understand or approve its contents.
• Undue influence or coercion – where they were pressured or manipulated into making the Will, or changing it, against their free will.
• Fraud or forgery – where a signature, document or information has been forged or falsified.
• Improper execution – for example, where the legal formalities for signing and witnessing the Will have not been followed.

Our contentious probate specialists can review the circumstances in detail, advise whether one or more of these grounds may apply, and help you decide how best to move forward.

The process of contesting a Will

Challenging a Will usually begins with gathering information and evidence, such as medical records, correspondence, earlier Wills and witness statements. We will then assess whether there are legal grounds to contest the Will and advise you on the strength of your position.

In some cases, it may be appropriate to enter a caveat at the Probate Registry. A caveat pauses the issue of a Grant while concerns about the Will are investigated. This can provide valuable time to explore the issues properly before the Estate is distributed.

Many disputes can be resolved through negotiation or alternative dispute resolution, such as mediation. Where agreement cannot be reached, it may be necessary to ask the Court to make a decision.

Every case is different. We will always aim for a constructive and cost-effective approach, keeping you informed and supported at each stage.

Below are some of the most common types of estate and inheritance disputes we can help you with.

Undue influence

Undue influence is when someone is pressured into writing a Will or making changes to their Will that they wouldn’t make if they weren’t being coerced or pressured to.

We understand how difficult it can be when you believe that a loved one was influenced when making their Will.

Our Solicitors will listen carefully to your concerns, explain your options and guide you through the next steps.

Wherever possible, we aim to reach a fair resolution that reflects the true wishes of the person who made the Will.

Mental capacity

Questions around a person’s mental capacity can arise when there are concerns about whether they fully understood the decisions they were making when preparing their Will or making a gift.

These situations can be sensitive and often involve elderly or vulnerable individuals.

Our team will take the time to understand your concerns, review the evidence and provide clear, practical advice on how to proceed.

We approach these matters with empathy and care, ensuring that the individual’s intentions are respected while working towards a fair outcome for everyone involved.

Inheritance Act claims

An Inheritance Act claim can be made where someone feels that reasonable financial provision has not been made for them under a Will or the Rules of Intestacy where there is no Will.

These claims do not usually challenge the validity of the Will itself. Instead, they ask the Court to adjust how the Estate is shared so that it provides a fair level of financial support. Eligible individuals may include spouses, civil partners, cohabiting partners, children (including adult children) and those who were financially dependent on the person who has died.

The Court will look at a range of factors, including the needs and resources of everyone involved and the size of the Estate. Our role is to explain your eligibility, help you understand the process, and guide you towards a fair outcome.

Challenging or removing an Executor of a Will

Will disputes involving Executors or Administrators may arise where there are concerns about delays, lack of communication, lack of action or the way assets are being managed.

In some cases, there may be a breach of duty, or the Executor may be found not to be acting in the best interests of the estate or its beneficiaries.

In other cases, allegations may be unfounded and require careful defence.

Butcher & Barlow can assist with applications to remove or replace an Executor where appropriate, or support executors facing criticism. Our aim is always to protect the estate and those entitled to it while keeping disputes as straightforward as possible.

Fraud or forgery

Suspicions that a Will or document may have been forged or fraudulently altered can cause considerable worry and tension within families.

Our team can explain how these issues are investigated and what evidence may be needed to confirm the authenticity of the documents.

We will handle the matter with discretion and sensitivity, keeping you informed at every stage.

Defending a contested Will

It can be distressing to find yourself defending a claim when managing or inheriting an estate.

We have significant experience supporting executors and beneficiaries in these situations. Our approach is always to resolve matters through discussion where possible, while being fully prepared to protect your position in court if required.

Defending a disputed estate requires careful handling. We will provide the reassurance and legal expertise you need to navigate the process with confidence.

Farming inheritance disputes

Inheritance disputes involving farms and rural estates often bring added layers of complexity.

They may involve not only legal and financial issues, but also deep-rooted family ties to the land.

Cases may include challenges to Wills, succession disagreements or claims based on promises made about the future of the farm, known as proprietary estoppel.

At Butcher & Barlow, our knowledge of agricultural law means we understand these unique challenges. We aim to balance sensitivity with practicality, helping to secure fair outcomes while safeguarding the long-term future of the farm or estate.

Promises and gifts before death

Disputes can sometimes arise when someone believes they were promised a gift or inheritance that is not reflected in a Will. Similarly, questions may be raised about significant gifts made before death, especially where those gifts affect what remains in the Estate.

These situations can be complex and emotionally charged. We will take the time to understand what was said or agreed, review any supporting evidence and explain your options clearly.

Wherever possible, we aim to resolve matters through mediation or negotiation, ensuring that the deceased’s intentions are respected and that the outcome is fair for all involved.

Lost Wills

When a Will cannot be found, it can cause uncertainty for family members who want to ensure their loved one’s wishes are followed.

Our team will work with you to understand what has happened, trace any available copies, and explain the legal options available.

We will guide you through the process clearly and carefully, helping you gather the evidence needed to move things forward.

Wherever possible, we aim to resolve matters without unnecessary disputes, so that the Estate is administered in line with what the deceased intended.

Trust disputes

Disagreements about how a Trust is managed or how Trust assets are distributed can create strain between Trustees and Beneficiaries.

We understand that these issues often involve personal relationships and strong feelings.

Our team will listen to your concerns, explain your rights and responsibilities, and discuss practical ways to move forward.

Where possible, we encourage constructive dialogue and mediation to resolve matters amicably.

Understanding your rights in estate and inheritance disputes

Estate and inheritance disputes can take many different forms. Beneficiaries may be concerned if they believe they have been unfairly excluded or if the Estate is not being distributed properly.

Executors and Administrators have legal duties to act fairly, in good faith and in the best interests of the Estate, and disputes can arise if they are thought to be acting improperly or without transparency.

Where there is no Will, family members may also have questions about their entitlements under the Rules of Intestacy and whether these rules produce a fair outcome in their circumstances.

At Butcher & Barlow, we will help you understand your position clearly, whether you are bringing a claim or responding to one. We will explain the options available so that you can make informed decisions about what to do next.

Get expert advice on your probate dispute today from Butcher & Barlow

For specialist contentious probate advice, please contact our Wills, trusts and estate solicitors at Butcher & Barlow, or email enquiries@butcher-barlow.co.uk.