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Our Resolve. Your Resolution.
When an estate includes business assets, whether company shares, partnership interests, or commercial property, probate disputes can quickly become complex.
These cases often involve not just the value of the estate, but the future viability of a business that may employ staff, serve clients, and represent years of personal investment.
Our contentious probate team has substantial experience in resolving business probate disputes where estates include commercial or corporate holdings. We act for clients across England and Wales, with many based in York, North and East Yorkshire, where we can meet in person.
Disagreements over business assets in probate can stem from:
Unclear or conflicting documents – Articles of Association or shareholder agreements that do not align with the will
Absence of formal agreements – Partnerships without written terms, leaving the Partnership Act to govern succession
Valuation disputes – Differing opinions on the worth of shares, goodwill, or commercial premises
Competing claims – Beneficiaries with differing priorities, such as selling the business versus continuing operations
Undue influence or capacity issues – Allegations that business asset bequests were made under pressure or without understanding
In every business probate dispute, our priorities are to:
Many business probate disputes intersect with other areas of inheritance law. You can read more about our related expertise here:
Will, trust & inheritance disputes – Our main page covering all contentious probate scenarios.
Farm probate disputes – Where estates include both agricultural land and diversified business activities.
Can a step-child contest a will? – Where step-family dynamics affect business succession.
Proprietary Estoppel claims – Pursuing or defending claims where promises relating to businesses, property or land were relied on but not honoured.
Challenging an executor – Advising beneficiaries and executors alike where questions arise concerning potential removal of executors, the duties and obligations of executors and general administration of the estate, including factors such as valuations and business sale.
As outlined on our main page, we offer a range of funding options and can explore alternative dispute resolution where appropriate. However, we are prepared to take decisive court action where necessary to protect our clients’ interests.
Our business will dispute solicitors can arrange meetings at any of our local offices across rural North and East Yorkshire, so simply contact your nearest Harrowells office in York, St Saviourgate, Clifton Moor, Easingwold, Haxby, Pocklington, Malton, and Thirsk.
How is a business valued during the probate process?
Shareholding owned by the deceased forms part of the deceased’s estate and must be professionally valued during probate. The valuation will typically consider assets, liabilities, profitability, market conditions and future earning potential to establish its fair market value.
Who has the authority to run the business while the estate is in probate?
This depends heavily on the business structure. In relation to a business where the deceased was the sole director and shareholder, the deceased’s directorship ceases and the shareholdings pass to the executors named in the will or the administrators appointed by the court. Their primary role is to secure the business assets and protect the value of the business; this may involve appointing new directors to run and manage the business. The executors need to act in the best interests of the estate and its beneficiaries.
Can I contest the will if I believe the business has been unfairly distributed?
You may be able to challenge the distribution of a business if there are concerns about the validity of the will, undue influence, lack of capacity, if you believe you have not received reasonable financial provision or if you believe the administration of the estate and management of the business assets has not been dealt with correctly. Please get in touch to discuss your particular circumstances.
How are outstanding business debts or liabilities handled during probate?
Executors have a legal duty to identify and manage outstanding obligations to ensure creditors are dealt with correctly during the probate process. Business debts and liabilities must usually be settled from the business or estate according to a strict legal order of priority. How they need to be handled depends on the business structure and executors must act carefully to avoid personal liability before distributing any assets to the beneficiaries of the estate.
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