Our expertise
Our contentious probate solicitors advise on all aspects of probate disputes, including:
- Disputes over the validity of a will or trust
- Allegations of undue influence, lack of mental capacity, or fraud
- Estates where reasonable financial provision has not been made under the Inheritance (Provision for Family and Dependants) Act 1975
- Disputes between beneficiaries, executors, administrators, or trustees
- Estates involving property, land, agricultural holdings, business assets, or overseas investments
- Complex trust disputes and disagreements over trust administration
- Challenges to executors’ or trustees’ conduct or appointment
- Intestacy disputes where no will exists
Speak to a probate dispute solicitor
If you are weighing up whether to challenge a will, defend an estate, or raise concerns about how an executor is acting, an early conversation is usually the quickest way to understand where you stand. We act for clients nationally and can meet you in person at any of our Yorkshire offices. Call your nearest office or make an enquiry online, and we will arrange a time to talk.
Specialist areas within contentious probate
Our contentious probate solicitors provide dedicated pages exploring some of the most common and complex situations our clients face:
Can a step-child contest a will? – Understanding the legal grounds, family dynamics, and strategic considerations in step-family inheritance disputes.
Business probate disputes – Protecting value and resolving conflicts when company shares, commercial property, or partnership interests are part of an estate.
Farm probate disputes – Navigating disputes over agricultural land, farm businesses, and generational inheritance expectations.
Proprietary estoppel claims – Pursuing or defending claims where promises of inheritance of property, land, or businesses were relied on but not honoured.
Challenging an executor – Advising beneficiaries and executors alike where questions arise over estate administration, executor duties, or potential removal.
These pages provide further detail on the unique challenges of each type of dispute and how we can help.
Challenging a will
A will can be contested if it fails to meet strict legal requirements. Common grounds include:
- Undue influence – where someone is pressured into making or changing a Will
- Lack of testamentary capacity – where the will-maker did not understand the nature or effect of their decisions
- Fraud or forgery – where the will is not genuine
- Lack of knowledge and approval – where the will-maker did not fully understand its content
Inheritance Act claims
If you were financially dependent on the deceased and the will (or intestacy rules) does not make reasonable provision for you, you may have a claim under the Inheritance (Provision for Family and Dependants) Act 1975. Our probate dispute solicitors regularly bring and defend such claims, often involving substantial property and investment portfolios.
Estoppel claims
Where promises about future inheritance are made and relied upon, for example, contributing to the upkeep or improvement of a property or business, we can pursue or defend claims based on proprietary estoppel, promissory estoppel, or constructive trust principles.
For more detail, see our dedicated page on Proprietary Estoppel Claims.
Executor and trustee disputes
Executors and trustees must act in the best interests of the estate or trust and its beneficiaries. Disputes can arise over:
- Delays or failures to administer assets
- Disagreements over valuations
- Concerns about impartiality or conflicts of interest
Where necessary, we can seek removal or replacement of executors or trustees or defend against such applications.
For further guidance, see our page on Challenging an Executor.
Intestacy disputes
Where no will exists, the intestacy rules determine who inherits. This can lead to disputes, especially where there is uncertainty over who should act as administrator or how assets, particularly high-value or illiquid ones, should be divided.
Our fees for contentious probate advice
We offer various funding options to assist you obtain the justice you seek. In addition to the traditional 'pay as you go' hourly rates, we consider:
- Result based arrangements (damages based/contingency)
- Insurance backed schemes
- Fixed fees
All cases are assessed individually and funding options discussed with you to determine which would be most suitable.
ADR (Alternative Dispute Resolution)
Although many disputes do still proceed to court or arbitration, we recognise that clients' interests are often served in seeking to resolve disputes in other ways outside the court process. This can resolve disputes much more quickly and at significantly reduced cost. Mediation is a recognised alternative to litigation. To find out more about the various options available, go to Courts & Alternative Dispute Resolution.
Contact our contentious probate solicitors
Our probate dispute solicitors can arrange meetings at any of our local offices in York and across Yorkshire, so simply contact your nearest Harrowells office in York, St Saviourgate, Clifton Moor, Easingwold, Haxby, Pocklington, Malton, and Thirsk.