Contentious Probate Solicitors

Contentious probate is about resolving inheritance, will and trust disputes with clarity, sensitivity and strategic advice.

At Jurit, we understand that the death of a loved one is always difficult. And when disagreements arise over a will, trust or estate, this can place additional emotional and financial strain on families at an already challenging time.

Whether you are considering challenging a will, defending the wishes of a loved one, facing an executor dispute or involved in complex trust litigation, Jurit’s experienced contentious probate solicitors provide clear, pragmatic advice tailored to your circumstances.

Our people, your team

We understand that these disputes rarely concern legal issues alone. They often involve long-standing family relationships, valuable business or agricultural assets and significant financial considerations.

Our priority is to protect your interests or those of the deceased, while seeking the most practical and proportionate route to resolution.

Where possible, we aim to resolve disputes through negotiation or mediation. Where court proceedings become necessary, our experienced litigators provide robust representation throughout every stage of the process.

Acting for beneficiaries, executors and trustees

We advise clients on all sides of contentious probate disputes, including:

  • Beneficiaries protecting their inheritance
  • Executors
  • Trustees involved in trust disputes
  • Family members challenging the validity of a will
  • Individuals defending a loved one’s final wishes

We have particular experience advising on disputes involving:

  • High-value estates
  • Family businesses
  • Agricultural property
  • International assets / estates
  • Complex family structures
  • Tax-efficient succession planning
  • Cross-border estates

Because our contentious probate lawyers work closely with Jurit’s private wealth, tax and dispute resolution specialists, we are able to advise on even the most complex estates involving businesses, trusts, overseas assets and succession planning arrangements, including those with an international element.Executor and estate administration disputes.

Conteious Probate - Later Life Relationships

How we help

Because our contentious probate lawyers work closely with Jurit’s private wealth, tax and dispute resolution specialists, we are able to advise on even the most complex estates involving businesses, trusts, overseas assets and succession planning arrangements, including those with an international element.

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Our contentious probate expertise

  • Challenging the validity of wills
  • Defending probate claims
  • Dispute of parentage
  • Estate administration disputes
  • Property litigation
  • Executor disputes
  • Fraud and forged wills
  • High Court litigation
  • Inheritance Act claims
  • Lack of testamentary capacity
  • Mediation and alternative dispute resolution
  • Polygamous marriage (including those under Shari’a law)
  • Professional negligence claims
  • Proprietary estoppel claims
  • Sensitive management of repossession of property
  • Trustee disputes
  • Undue influence

More about our contenious probate services

Executor and estate administration disputes.

Disputes do not always concern the validity of a will.

Executors and administrators have significant legal responsibilities when managing an estate. Where beneficiaries have concerns about delays, transparency or the way an estate is being administered, legal advice can help resolve matters before positions become entrenched.

We regularly advise on:

  • Delays in administering estates
  • Failure to provide estate accounts
  • Disputes between executors
  • Mismanagement of estate assets
  • Allegations of breach of fiduciary duty
  • Applications to remove or replace executors

Whether you are an executor defending your position or a beneficiary seeking answers, we provide practical advice focused on achieving a fair outcome.

Trust disputes

Trusts often form an important part of succession planning, particularly for business owners, farming families and high-net-worth individuals.

Disagreements can arise between trustees, beneficiaries or family members over the interpretation or administration of a trust.

Our lawyers advise on:

  • Trustee disputes
  • Breach of trust claims
  • Removal or replacement of trustees
  • Beneficiary disputes
  • Interpretation of trust documents
  • Cross-border trust disputes
  • Trust administration issues

Inheritance Act claims

Being excluded from a will does not always mean you have no legal rights.

The Inheritance (Provision for Family and Dependants) Act 1975 allows certain individuals to seek reasonable financial provision from an estate where insufficient provision has been made.

These claims often involve:

  • Surviving spouses
  • Former spouses
  • Civil partners
  • Children
  • Adult children
  • Cohabitees
  • Financial dependants / non-traditional partners

Importantly, these claims are subject to strict time limits, making early legal advice essential.

Frequently asked contentious probate questions

Can I challenge a will?

Not every disagreement over the contents of a will gives rise to a legal claim, but where there are genuine concerns about its validity or the provision made for family members or dependants, legal action may be appropriate.

 

Our lawyers will carefully assess the circumstances, explain the strengths and risks of your position, and advise on the most effective course of action.

What are the common grounds for challenging a will

Lack of testamentary capacity

Questions can arise where the person making the will may not have fully understood the nature of the document, the extent of their estate or the effect of their decisions due to illness, dementia or cognitive impairment.

Undue influence

Sometimes vulnerable individuals are pressured or manipulated into changing their will against their true wishes. These cases can be legally complex and require careful investigation.

Fraud or forgery

Where there are concerns that a will has been forged, altered or created fraudulently, swift legal advice is essential.

Improper execution

Strict legal formalities govern how wills must be signed and witnessed. Failure to comply with these requirements may invalidate a will.

Lack of knowledge and approval

Even where a will has been correctly executed, questions may arise over whether the deceased genuinely understood or approved its contents.

Claims for reasonable financial provision

Certain spouses, civil partners, children and dependants may be entitled to bring claims under the Inheritance (Provision for Family and Dependants) Act 1975 where insufficient financial provision has been made.

Intestacy or partial intestacy (dying without a will)

Intestacy is the legal state of dying without a valid will. When this happens, a person’s money, property, and possessions are divided up by fixed government laws instead of their own personal wishes. This also happens if a will only covers part of an estate, which is called a partial intestacy.

How long do I have to challenge a will?

The time limit depends on the type of claim. Some claims under the Inheritance (Provision for Family and Dependants) Act 1975 must normally be brought within six months of the grant of probate, while other claims may have different limitation periods.

Can I challenge a will after probate has been granted?

Yes. In many cases, it is still possible to bring a claim after probate has been granted, although acting promptly is important.

Do all contentious probate disputes go to court?

No. Many disputes are resolved through negotiation or mediation without the need for a trial.

How much does contentious probate cost?

Costs vary depending on the complexity of the dispute. We will discuss likely costs and funding options with you at the outset.

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