Contentious Probate Solicitors

Contentious probate covers any dispute about a person’s estate after they have died. Many of these disputes are not about the will at all, but about how the estate is being handled: an executor who will not share information, a sale that seems to undervalue the family home, years of delay, or a promise of an inheritance that was never kept. For a fuller introduction, read our guide what is contentious probate?

Executors, or administrators where there is no will, have legal duties. They must collect in the assets, pay the debts and any tax, keep proper accounts and distribute the estate to the right people in line with the will or the law. They must act in the interests of all the beneficiaries, even where they are a beneficiary themselves.

Problems usually show up as long delays, a refusal to provide information or estate accounts, assets sold cheaply or to a family member, or an executor treating the estate as their own. Often a firm letter setting out the executor’s duties and asking for accounts is enough to get things moving. If it is not, the court has powers to make an executor account for their dealings and, where necessary, to remove them.

The court can remove or replace an executor or administrator under section 50 of the Administration of Justice Act 1985 where that is needed for the estate to be properly administered. It is not done lightly, and it is not enough that family members do not get on. The court looks at whether the estate and the beneficiaries are being harmed. Where an executor simply refuses to apply for probate at all, a different procedure, known as a citation, can be used to make them either take the grant or step aside.

Being an executor when the family is in dispute is stressful, and you can be personally responsible if things go wrong. We advise executors on their duties, on responding to complaints from beneficiaries, and on how to deal with claims made against the estate.

Timing matters. If you share out the estate within six months of the grant of probate and a claim is then made under the Inheritance Act, you could be personally liable. Waiting until that period has passed, and taking advice on any claim you know about, protects you.

If someone dies without a valid will, the intestacy rules decide who inherits and in what shares. Disputes often follow, because the rules may not match what the person wanted or what the family expected. An unmarried partner, for example, has no automatic right to inherit under intestacy, and stepchildren are not included unless they were adopted. We advise on who is entitled, on disputes over who should act as administrator, and on claims by people the rules leave out.

Sometimes a person is told for years that the farm, the business or the family home will be theirs, and they arrange their life around that promise, perhaps working for little or no pay, or caring for a relative instead of building a career elsewhere. If the promise is then broken, the law of proprietary estoppel can allow the court to step in and give them a remedy. Lifetime gifts can also be challenged in some situations, for example where a gift was made under undue influence.

If your concern is whether the will is valid, for example because of the person’s mental capacity, pressure from someone else, or how it was signed, or if you have been left out or not reasonably provided for, see our will dispute solicitors page.

1. 1
   We look at the estate

   We review the will, the grant and whatever you know about the estate and how it is being handled.

2. 2
   We ask the right questions

   We write to the executors or their solicitors setting out their duties and asking for information and accounts.

3. 3
   We negotiate

   Most estate disputes settle once the facts are on the table, through negotiation or mediation.

4. 4
   We go to court if needed

   Where it is justified, we ask the court to order accounts, give directions or replace the executor.

Costs depend on what is in dispute and how far it has to go. Many estate disputes are resolved by correspondence once the executor’s duties are spelled out, which keeps costs modest. Where court is needed, costs rise, and in some cases the court can order them to be paid from the estate, although that is never guaranteed.

Before you commit, we explain how we would charge, what the likely costs are at each stage and whether the amount at stake justifies them. Ask us whether a conditional fee arrangement could be available for your case.

Estate disputes are handled by Andrew Horwich, who leads our civil litigation team, with Thomas Jordan from our Wills & Probate team.

Andrew HorwichPartnerLeads our civil litigation team and has a long background in wills, probate and elderly client work, so he knows how an estate should be run.Thomas JordanAssociate SolicitorSpent eight years administering estates and trusts at a trust corporation in Lincoln before joining SBB, where he qualified as a solicitor in 2024.

Once probate has been granted, the will becomes a public document and anyone can order a copy from the Probate Registry. Residuary beneficiaries are also entitled to see estate accounts showing what came into the estate and what was paid out. If an executor will not provide them, we can ask on your behalf and, if necessary, apply to court.

There is no fixed deadline, but executors are generally expected to deal with the estate within a year of the death, known as the executor’s year, unless there is a good reason for delay such as selling a property or a tax issue. Unexplained delay beyond that is often a reason to take advice.

Yes, the court can remove or replace an executor where that is needed for the estate to be properly administered, for example where they are unreasonably delaying, mismanaging assets or acting against the beneficiaries. It is a last resort, so we usually try other steps first.

An executor who refuses to act can be made to choose, through a procedure called a citation, between taking out the grant and stepping aside so someone else can. We can advise whether that is the right route.

Do not distribute the estate until you have taken advice. If you share it out within six months of the grant of probate and an Inheritance Act claim is then made, you could be personally liable. We can advise you on your duties and on responding to the claim.

It depends on the dispute and how it ends. In some cases the court can order costs to be paid out of the estate, but that is not automatic, and a party who loses or behaves unreasonably can be ordered to pay. We explain the likely position at the start.

Yes. We act for clients across England and Wales and most of the work can be done by phone, video call and email. You are welcome to meet us at our Scunthorpe or Goole office if you prefer.