The process of managing a person’s estate after their death, known as probate, can be challenging, especially when disputes arise. Common issues include disputes over the validity or interpretation of a Will, concerns about how assets are valued, claims that reasonable financial provision has not been made under the terms of the will for dependents or certain categories of individuals, or disagreements with the actions of executors or beneficiaries.
At Clifton Ingram, our contentious probate solicitors are here to help you navigate these complex and often sensitive situations. We understand that losing a loved one is difficult enough without the added strain of a legal dispute. Our solicitors are very experienced at handling claims in a sensitive and caring manner.
Whether you are questioning the terms of a Will, concerned about how an estate is being handled, pursuing a claim that reasonable financial provision has not been made under the terms of the will or involved in a dispute as an executor or beneficiary, we can provide clear, practical advice.
No matter what stage of the process you are at, our contesting a Will solicitors can step in to support you. We will help you understand your legal position, explore your options, and work towards a fair and effective resolution.
For immediate support, please contact our team or you can read our FAQs to learn more about contentious probate.
Our contentious probate services
- Inheritance (Provision for Family and Dependents) Act 1975 Claims
- Validity and interpretation of the Will
- Valuing the estate
- Challenging an executor or Administrator disputes
- Contesting probate when there is no Will
- Trusts disputes
Contact our contentious probate solicitors in Farnham, Reading and Wokingham today
Our team work from offices in Farnham, Reading and Wokingham. We advise on contentious probate matters in the UK for individuals all over Berkshire, as well as Oxfordshire, Buckinghamshire, Surrey and further afield.
Speak to one of our contentious probate solicitors today by calling 0118 978 0099 or using our contact form and we will respond quickly.
Our experience with contentious probate
Clifton Ingram has:
- Acted for a client in connection with a poorly worded clause that could have meant a difference of £2.5 million. The matter was successfully resolved through mediation without the need for court proceedings.
- Acted for two siblings in a dispute with two other siblings over a property left under a parent’s Will to all of them. The other two siblings wrongly claimed that they had sole ownership of the property and would not move out. Our solicitors successfully confirmed that the property belonged to all four siblings, with the Court ordering the two siblings in the property to pay rent for their stay, alongside issuing an eviction order.
- Acted for a woman whose partner of over 20 years died without making a Will, leaving her with two very young children. Under intestacy rules, she was not entitled to receive anything, left without housing or financial provision. We successfully secured provisions for her and her children.
- Acted for numerous adult children in claims that Wills had not made reasonable financial provision for them.
- Acted for a son who was left out of his mother’s Will with the entire estate going to his sibling. The Will was challenged due to lack of capacity and duress, settling on favourable terms through mediation.
- Acting for a father who successfully sought to have his deceased son’s girlfriend passed over as executor of the estate.
- Acted for claimants in Charles & Ors v Fraser[2010] EWHC 2124 (Ch) and successfully argued that the mutual Will made by the deceased (in identical terms to the Will of her sister who predeceased her) should take precedence over a subsequent Will made shortly before the deceased’s death, leaving everything to her hairdresser.
- Acted in the Court of Appeal in The Woodland Trust v Loring & ors [2014] EWCA Civ 1314. Clifton Ingram successfully argued that a gift left in a Will, which referred to being equal in value to “such sum as is at the date of my death the amount of my unused nil rate band for inheritance tax”, should include the amount of the unused nil rate band transferred from the deceased’s husband to her estate, in addition to the deceased’s own nil rate band despite the fact that the ability to transfer the unused nil rate band had not yet been permitted in law at the date the Will was made.
Our contentious probate services
Inheritance (Provision for Family and Dependents) Act 1975 claims
Certain categories of individuals, including dependents, spouses, partners and children, might be entitled to pursue a claim if the Will does not provide reasonable financial provision for them.
We can advise on whether a party is considered a qualifying class of Claimant and the general likelihood of a successful claim.
At Clifton Ingram we are very experienced in advising clients upon potential claims under the Inheritance (Provision for family and Dependents) Act 1975 and regularly reach a successful settlement through alternative forms of dispute resolution.
If court proceedings are required, our expert solicitors are experienced in pursuing such proceedings to a successful outcome.
Validity and interpretation of the Will
Disputes over whether a Will is valid and how it should be understood are a common cause of contentious probate. These disagreements often arise when the incorrect procedures were alleged to have taken place or the wording of the Will is unclear, outdated and open to multiple interpretations.
At Clifton Ingram, we regularly assist clients by reviewing Wills in detail and advising on their legal meaning. Whether you believe a Will is valid, has been misunderstood or are unsure about its contents, our probate dispute solicitors can provide clear, practical guidance.
We will explain the terms of the Will in straightforward language and help you understand how it may affect your rights and responsibilities. We can also offer advice on how to move forward and resolve any related disputes.
Valuing the estate
Accurately valuing an estate is a key part of the probate process. It determines how assets are distributed and ensures that any tax liabilities are correctly calculated.
However, disagreements over the value of property, land, or other assets are a common cause of delays and disputes in contentious probate matters.
At Clifton Ingram, our contentious probate solicitors can help you navigate this process. Where necessary, we can arrange for a trusted surveyor to assess the value of any property or land within the estate. We will then work with you to establish a full and accurate valuation of all assets involved.
Whether you are acting as an executor or have concerns as a beneficiary, we can help you understand the financial position of the estate and resolve any disputes that arise.
Challenging an executor or administrator disputes
Concerns about how an executor is handling an estate are a common source of contentious probate disputes.
Issues may arise if you believe the executor is mismanaging assets, failing to follow the Will, or not acting in the best interests of the beneficiaries. In these situations, it is important to seek legal advice promptly, even if you feel that you are sure about your position.
At Clifton Ingram, our contentious probate solicitors can review your concerns and provide early guidance in order try and avoid escalating the dispute. We will help you understand your legal options and, if appropriate, take steps to challenge the executor’s conduct.If necessary, we can also apply to Court to have an indivudal removed as executor according to Section 50 of the Administration of Justice Act 1985.
Contesting probate when there is no Will
When someone dies without a Will, referred to as dying intestate, their estate must be distributed according to strict legal rules. This can make the probate process more complex, particularly if there are concerns about how the estate is being managed.
If you believe that the estate is being mishandled or that the rules of intestacy are not being followed correctly, it is important to seek legal advice as soon as possible.
At Clifton Ingram, our contentious probate solicitors can advise you on your rights under intestacy law and help ensure that the estate is administered in accordance with the law. We are here to support you in resolving disputes and protecting your interests, even in the absence of a Will.
Trusts disputes
Trust disputes are typically disagreements regarding the interpretation, creation, or administration of a trust. Most often, these disputes arise as disagreements between beneficiaries, allegations or trustee misconduct, or challenges to the trust’s validity.
If you believe that a trust is being mishandled, our contentious probate solicitors can advise you on how to address your concerns proactively and ensure that you receive fair treatment from the trust and its administrators.
Clifton Ingram can help to identify trustee misconduct and beneficiary issues, challenging validity and interpretation where necessary. We will seek recovered damages and ensure that proper legal protocol is followed in the treatment of a trust.
Learn more about contentious probate
- What is contentious probate?
- Can I stop a grant of probate being issued?
- How long does contentious probate take?
- What is the role of a solicitor in contentious probate?
What is contentious probate?
Contested probate is a legal dispute about how a deceased individual’s estate is administered. This could occur for a number of reasons, including:
- Disputes over the Will’s content, validity, or interpretation.
- Disagreements over how the estate is being distributed.
- Claims under the Inheritance Act for when someone does not feel adequately provided for.
- Challenges to the actions of the people appointed to administer the estate (executors).
Can I stop a grant of probate being issued?
Yes, you can temporarily prevent a grant of probate from being issued by entering a ‘caveat’ at the Probate Registry.
A caveat is a formal notice that can prevent the grant of probate (or letters of administration if the individual died without a Will) from being issued. This effectively pauses the probate process.
You will need a valid reason to enter a caveat, such as:
- The Will is invalid.
- The Will was made under undue pressure.
- The deceased lacked mental capacity when making the Will.
- The individual applying for probate is not the rightful executor or is otherwise unfit.
- There are ongoing disputes over who should distribute the estate.
Our contentious probate solicitors can advise you on whether or not you could enter a valid caveat and the advantages of doing so in your circumstances.
How long does contentious probate take?
The answer will depend on the complexity of your case and the response from other parties.
Our contentious probate solicitors will work hard to ensure that matters progress efficiently and prevent delays further down the line.
However, the contentious probate process can take anywhere from a month for standard clarifications to several years for complex cases to resolve.
What is the role of a solicitor in contentious probate?
Solicitors play a key part in resolving contentious probate, including:
- Providing guidance and clarification on the Will and estate administration.
- Clarifying your rights as an interested party.
- Examining the Will to ensure it is compliant.
- Filing caveats and claims on your behalf.
- Drafting and reviewing other relevant legal documents.
- Navigating deadlines confidently and other administrative support.
- Mediation, negotiation, and other alternative dispute resolution skills.
- Representing you in court.
Our contentious probate solicitor fees
We understand that raising concerns about the administration of an estate can be stressful, especially when you are also worried about legal costs. At Clifton Ingram, we are committed to providing clear, transparent pricing from the start of your case.
We will give you a clear and realistic estimate of the likely costs involved, so you can make informed decisions.
Why trust Clifton Ingram for contentious probate matters?
As one of the leading firms of solicitors in the Thames Valley and M3 Corridor, through Surrey and the surrounding areas, we regularly advise clients in Farnham, Reading and Wokingham and across all of Berkshire and the surrounding areas including Bracknell, Theale, Henley, Ascot, Crowthorne, Maidenhead, Camberley, Farnborough and Windsor.
If you believe there is a problem with the probate process, whether due to unfair treatment, misinterpretation of the Will, or misconduct, we can provide clear, practical advice to help you take the right steps. We will act promptly and professionally, advising you on your best options and helping you build a strong, evidence-based case.
Contact our contentious probate solicitors in Farnham, Reading and Wokingham today
At Clifton Ingram, we can walk you through the contentious probate process and help you to reach a resolution no matter how complicated matters have become.
Our team work from offices in Farnham, Reading and Wokingham. We advise on contentious probate matters in the UK for individuals all over Berkshire, as well as Oxfordshire, Buckinghamshire, Surrey and further afield.
Speak to one of our contested wills and probate lawyers today by calling 0118 978 0099 or using our contact form and we will respond quickly.
Alternatively talk to someone now via our .