Contentious Probate Solicitors

A challenge to a will asks whether it is legally valid. An administration dispute may instead concern an executor's conduct, estate accounts or distribution under an accepted will. A financial-provision application can proceed on the basis that a will is valid but does not make reasonable provision for an eligible applicant.

These issues can overlap, but they do not share a single test or remedy. Identify your interest in the estate, the people affected and whether a grant has already been issued before deciding how to proceed.

• Challenging a will’s validity
• Obtaining a grant of probate

Executors and administrators are responsible for collecting and administering the estate according to law. Questions about missing assets, unexplained payments, delays or proposed distributions should be tied to the documents and the representative's duties rather than assumed to prove wrongdoing.

An initial request may seek an explanation and appropriate estate information. Depending on the dispute, court directions or an application to substitute or remove a personal representative may be considered. Removal is discretionary, not an automatic consequence of disagreement between an executor and beneficiary.

• Estate administration
• Personal representative substitution and removal

The Inheritance (Provision for Family and Dependants) Act 1975 provides a separate route for qualifying applicants where the deceased was domiciled in England and Wales. Categories include spouses and civil partners, certain former partners, qualifying cohabitants, children, people treated as children of the family and people maintained by the deceased. Each category has conditions; kinship or disappointment alone does not establish eligibility.

The court considers reasonable financial provision using the statutory factors, including resources, needs, obligations and the estate's size. The standard for a spouse or civil partner can differ from the maintenance-based standard for other applicants. A claim does not guarantee an equal share or the amount requested.

• Eligibility and provision under the 1975 Act

Bring the will and any earlier versions, the grant if issued, correspondence, a chronology and details of the estate and your interest. Administration concerns need evidence of the decisions or transactions questioned. A financial-provision claim also needs reliable information about financial needs, resources and the relationship with the deceased.

A 1975 Act application ordinarily must be made within six months from when representation is first taken out, subject to the Act's grant rules. The court's permission is needed for an application outside that period; permission is not guaranteed. An application can be made before a grant. Will-validity and administration disputes require their own limitation and procedural assessment: do not apply the six-month rule to every estate dispute or assume negotiations suspend time.

• Financial-provision application time limit

A caveat may be appropriate before a grant where there is a dispute about the will or entitlement to obtain the grant. It normally prevents a grant while effective, subject to the probate rules and their exceptions. It initially lasts six months and can be extended under the relevant procedure.

A caveat does not decide the merits, reverse an existing grant or replace issuing a claim in time. Do not assume it is the right step for a financial-provision claim alone. A warning requires prompt advice: the current response period is generally 14 days from service, and the appropriate response depends on the caveator's interest. The rules include detailed service, late-response and continuation provisions, with potential costs consequences.

• Stopping a probate application
• Caveat procedure and exceptions

Once the issues and evidence are understood, correspondence or mediation may help resolve disagreements about administration, entitlement or provision. Court powers to require participation in alternative dispute resolution do not oblige the parties to agree a settlement. Any agreement must address affected interests and whether court approval or other formal steps are needed.

Proceedings depend on the remedy sought. CPR Part 57 distinguishes probate claims, financial-provision claims and personal-representative removal applications. Challenging a grant, seeking provision and correcting administration are not interchangeable procedures.

• Dispute resolution
• Mediation
• Probate and inheritance proceedings

Consider the estate's value, the strength of the evidence, the practical remedy and the costs of continuing. Probate litigation is not automatically paid for by the estate. Costs remain subject to the applicable rules and court discretion; conduct and unreasonable failure to engage in ADR can be relevant.

An enquiry to Highfin can identify the type of dispute, your role and any immediate dates. The proposed work, conflicts checks, fees and any funding arrangements must be confirmed for the instruction. No recovery, outcome or funding option is assured.

• Court discretion on costs