Probate Dispute Solicitors

Facing a dispute over a Will or the administration of an estate is incredibly stressful. Our SRA-regulated contentious probate solicitors are here to provide robust, clear-headed legal advice to protect your position and resolve the conflict.

What Are the Grounds for a Probate Dispute?

A probate dispute can arise for many reasons. Our solicitors have extensive experience in all areas of contentious probate. The two main categories of dispute are explained below.

Contesting a Will

This claim argues the Will itself is legally flawed. Grounds include:

Lack of Testamentary Capacity: The person was not of sound mind.
Undue Influence: They were coerced or pressured into signing.
Lack of Knowledge & Approval: They did not understand what they were signing.
Inheritance Act Claims: The Will is valid but fails to make "reasonable financial provision" for a dependant or family member.

Learn More About Contesting a Will

Real UK Case Study: Undue Influence

Rea v Rea [2019]

The Situation: An elderly mother changed her Will, leaving her house (the main asset) to one daughter, cutting out her three sons. The daughter had become her mother's carer and was heavily involved in the creation of the new Will.

The Outcome: The High Court found the daughter had subjected her mother to a "drip-drip" campaign of undue influence. The Will was declared invalid, and the estate was distributed according to a previous, fairer Will.

What this means: The court will intervene if it believes a vulnerable person has been coerced. Our solicitors are experts at investigating these difficult situations.

Problems with Estate Administration

A dispute can arise if you, as a beneficiary, have concerns about how the appointed executors are handling the estate. Common issues include:

Unreasonable Delays: Taking too long to apply for probate or distribute assets.
Mismanaging Assets: Selling property for less than its market value or wasting estate funds.
Lack of Transparency: Failing to provide beneficiaries with an account of the estate's finances.
Executor Conflicts of Interest: The executor acting in their own best interest rather than the beneficiaries'.

Challenge an Executor's Actions

Our Solution

Holding Executors to Account

As a beneficiary, you have legal rights. Our contentious probate solicitors can take action on your behalf. We can formally request information and accounts from the executors, mediate a dispute to find a resolution, or, if necessary, make an application to the court to have a difficult or negligent executor removed and replaced.

"They Handled My Case with Compassion and Professionalism"

"I was facing a very difficult and emotional probate dispute. The team at Wildlings were incredible. They were firm when they needed to be and guided me to a settlement that was better than I expected. I felt supported throughout."

- Contentious Probate Client

"After my father's will was changed in suspicious circumstances, I didn't know where to turn. Wildlings gave me clear, honest advice from the very first call. They are true experts in this field. Highly recommended."

- Google Review

"The executor of the will was refusing to give us any information. Wildlings took formal action and got things moving. Their intervention was essential and worth every penny for the peace of mind."

- ReviewSolicitors Client

A Wildlings solicitor providing clear, calm advice to resolve a dispute

Our Approach to Resolving Probate Disputes

We understand that these disputes are sensitive and often involve close family members. Our goal is always to resolve conflict as efficiently and amicably as possible.

Negotiation First: We are expert negotiators, focused on reaching a fair settlement without needing to go to court.
Mediation: We frequently use formal mediation to help parties find common ground in a confidential setting.
Court as a Last Resort: While we are robust litigators, we only advise court action when all other avenues have been exhausted, saving you time, stress, and money.

Your Questions About Probate Disputes

How long do I have to make a claim?

Strict time limits apply. For claims under the Inheritance Act 1975, you have only **6 months** from the date the Grant of Probate is issued. For other types of claims (like challenging a Will's validity), it is crucial to act without delay. Seeking legal advice immediately is the most important step.

Who pays the legal costs for a probate dispute?

The court has discretion on costs. Often, the 'loser' pays the 'winner's' costs, but in some cases, the legal fees may be ordered to be paid from the deceased's estate, especially if the dispute arose from the testator's actions. We provide clear advice on costs from the outset. Please note, we operate on a private fee basis and **do not offer 'No Win No Fee'** agreements.

What evidence do I need to start a claim?

You do not need to have all the evidence before you speak to us. During your initial consultation, you just need to tell us your story and your suspicions. Our role as specialist solicitors is to then advise on what specific evidence is needed—such as medical records, witness statements, or financial documents—and guide you on how we can obtain it.

Protect Your Position with Expert Advice

A probate dispute can be emotionally draining and legally complex. Let our specialist solicitors provide the clear, authoritative guidance you need.

Request a Callback to Get Started

Book your initial consultation with our Wills & Probate Solicitors in Birmingham. Freephone 0330 333 8797, request a callback or email info@wildings-solicitors.co.uk for specialist advice.