You may be able to bring a claim if you are:
- Named as a beneficiary in the will
- Someone who would inherit under the intestacy rules
- A spouse/civil partner, child (including adult or stepchild), cohabitant or other financial dependant
- A creditor or someone with a genuine financial interest in the estate
We will confirm your legal standing and the most suitable route- validity challenge, Inheritance Act claim, executor application, or negotiated settlement.
- Early legal advice – understand your rights, deadlines and prospects. We’ll set out an action plan and immediate protective steps.
- File a caveat (where appropriate) – a caveat at the Probate Registry prevents a grant of probate for 6 months (renewable), giving time to investigate. If warned, an appearance must be entered to maintain it.
- Investigation & evidence – obtain medical records, the will‑drafter’s file and witness statements; review financial records; consider expert evidence (capacity/handwriting).
- Pre‑action engagement – exchange information with executors/beneficiaries, explore negotiation or mediation to narrow issues and save costs.
- Court proceedings – if settlement isn’t possible, we issue a claim (often in the High Court, Chancery Division). The court will manage evidence and ultimately decide validity and/or appropriate provision.
- Judgment & distribution – if a will is invalid, an earlier valid will or intestacy applies. If upheld, the will is followed. Many cases settle before trial.
Typical timeframes: straightforward disputes 6–12 months; complex litigation 18–36 months+. We prioritise practical settlement to shorten timelines where feasible.
- Medical records around the time the will was made (capacity/vulnerability)
- Solicitor’s file and notes when the will was prepared
- Witness statements (e.g., attesting witnesses, carers, family members)
- Financial documents showing dependency or suspicious transactions
- Expert reports (handwriting, psychiatry/geriatrics) where appropriate
We move quickly to secure disclosure, preserve evidence and build the strongest possible case.
Executors must collect assets, pay debts/taxes and distribute correctly. Issues arise where there is delay, mismanagement, conflict of interest, hostility or dishonesty. Remedies include:
- Applications to remove/replace an executor (e.g., under s.50 Administration of Justice Act 1985)
- Orders compelling executors to administer the estate
- Directions from the court to resolve specific points
We also act where an executor refuses to act or where multiple executors cannot agree. In urgent cases, we can seek interim relief to protect estate assets.
A caveat is a formal notice lodged with the Probate Registry that stops probate being granted for 6 months (renewable). It’s ideal where you have genuine concerns about validity or administration and need time to investigate. Misuse can lead to cost consequences, so take advice first. If a warning is issued against your caveat, you must enter an appearancepromptly or it will fall away.
Most probate disputes benefit from mediation—a confidential, flexible process that can preserve relationships and reduce cost and delay. We prepare robustly for mediation to maximise settlement prospects. Some cases must proceed to trial (e.g., fraud/forgery or entrenched positions). If litigation is unavoidable, you will have experienced contentious probate litigators in your corner.
Costs depend on complexity, evidence and whether the matter settles early or proceeds to trial. Broad indications:
- Early resolution: ~£5,000–£15,000
- Settled at mediation: ~£20,000–£50,000
- Fully contested trial: £75,000+
Who pays? Generally the loser pays a significant share of the winner’s costs, but the court can order costs from the estate where the deceased caused the dispute (e.g., an unclear will) or where both sides acted reasonably.
Funding options may include private fees (hourly/fixed), legal expenses insurance and no win, no fee arrangements in appropriate cases. We’ll give clear, upfront estimates and manage costs proactively throughout.
