Specialist solicitors for disputed wills, Inheritance Act claims, executor disputes and contested estates. Acting for claimants and defendants across Chester, Cheshire, North Wales and England & Wales.
Contentious probate covers all disputes that arise in connection with the administration of a deceased person's estate. This includes challenges to the validity of a will, claims that a will does not make adequate financial provision, disputes between executors and beneficiaries, and disagreements about how an estate should be administered.
These disputes are often emotionally charged — arising at an already difficult time following a bereavement. Our solicitors approach every case with sensitivity and discretion, while providing clear, practical advice about your legal position and options.
We act for both claimants and defendants — whether you are seeking to challenge a will, defend the estate against a claim, or resolve a dispute between co-executors or beneficiaries.
Inheritance Act claims
6 months from grant of probate
Court has discretion to extend in exceptional cases
Challenging will validity
No strict time limit
Delay can prejudice your position — act promptly
Caveat (preventing grant)
6 months, renewable
Must be entered before grant is issued
Proprietary estoppel
Limitation Act applies
Generally 12 years for land-related claims
We advise on the full range of probate disputes — from challenging a will to resolving complex multi-party estate disagreements.
If you believe a will is invalid — due to lack of mental capacity, undue influence, fraud, or improper execution — we can advise on your grounds and prospects before any action is taken.
Executors and beneficiaries facing a challenge to the validity of a will need experienced, robust representation. We act for those defending the estate as well as those bringing claims.
Where a will or the intestacy rules fail to make reasonable financial provision for a dependant or close family member, a claim under the Inheritance (Provision for Family and Dependants) Act 1975 may be available.
Where an executor is failing to act, acting improperly, or in conflict with beneficiaries, we can advise on removal or replacement through the court.
Where a promise was made about inheriting property or assets and you acted in reliance on that promise, you may have a claim even if the will does not reflect it.
Where beneficiaries dispute the accuracy or fairness of estate accounts, or suspect assets have been misappropriated, we can investigate and advise.
A clear, structured approach — from initial advice to resolution.
We listen to your situation, explain your options, and give you an honest assessment of your prospects — before any commitment.
Where urgent, we can enter a caveat at the Probate Registry to prevent a grant being issued while the dispute is resolved.
Most contentious probate claims follow a pre-action protocol involving letters of claim and disclosure of evidence before proceedings are issued.
Many disputes settle without going to court. We explore all options for resolution — mediation, negotiation, and settlement — to save time and cost.
Where settlement is not possible, we provide experienced representation in the Chancery Division of the High Court or County Court.
Free initial consultation. We'll listen to your situation and give you an honest assessment of your options — before any commitment.
Sensitive, confidential advice. Chester, Cheshire & North Wales.
Free Confidential Enquiry
Complete the form below and our probate team will be in touch. No obligation — strictly confidential.
Contentious probate refers to any dispute arising in connection with the administration of a deceased person's estate. This includes challenges to the validity of a will, Inheritance Act claims, executor disputes, and disagreements between beneficiaries. It is distinct from non-contentious probate, which is the straightforward process of obtaining a grant of probate and administering an estate.
The main grounds for challenging a will are: (1) lack of testamentary capacity — the person did not have the mental capacity to make a valid will; (2) undue influence — the person was pressured or coerced; (3) fraud or forgery; (4) improper execution — the will was not signed and witnessed correctly; and (5) lack of knowledge and approval — the person did not know or approve the contents.
Time limits vary depending on the type of claim. Inheritance Act claims must generally be brought within six months of the grant of probate. Claims to challenge the validity of a will do not have a strict statutory time limit, but delay can prejudice your position — particularly once the estate has been distributed. Always seek advice promptly.
Yes — it is possible to challenge a will even after probate has been granted, though it becomes more complex once the estate has been distributed. If you have grounds to challenge, you should seek legal advice as soon as possible. A caveat can be entered at the Probate Registry to prevent a grant being issued while a challenge is being considered.
Costs depend on the complexity of the dispute and whether it settles or proceeds to trial. We offer a free initial consultation and will provide a clear costs estimate before any work begins. In some cases, funding options including conditional fee arrangements may be available. Costs can sometimes be recovered from the estate if the claim is successful.
Many contentious probate disputes settle without going to court — through negotiation, mediation, or a formal settlement agreement. Where settlement is not possible, proceedings are issued in the Chancery Division of the High Court or the County Court. We always explore settlement options first to save time and cost.
Explore Further
Related: Lasting Power of Attorney
Dealing with a loved one's estate often prompts people to put their own affairs in order. A Lasting Power of Attorney ensures someone you trust can manage your affairs if you ever lose capacity — avoiding the need for a costly Court of Protection application.
Related: Wills, Trusts & Estates
Probate is closely connected to will writing, trust planning and inheritance tax. Our wills, trusts and estates team can help you plan ahead — so that when the time comes, the administration of your estate is as straightforward as possible.