Will, Inheritance, Probate and Trust Dispute Solicitors
Enquire Today
Call our team or fill out a form and we will get back to you as soon as possible.
Call 0330 828 4863
Make an Enquiry 
Contentious Probate and Trust Dispute Solicitors
Disagreements over a loved one’s will or estate are rarely just about money. They often arise at an already painful time and can put real strain on family relationships. Trusts regarding property and beneficial interests, and disputes regarding those, can occur when unmarried couples split, or from broken promises made by family or friends. Setfords’ contentious probate and trust dispute solicitors will help you understand where you stand and work towards the most cost-effective resolution.
Our will, inheritance, probate and trust dispute solicitors can help if:
- You expected to inherit but didn’t, or you believe you should have received more
- You think a will is invalid, perhaps because the person who made it lacked mental capacity or was pressured by someone else
- You’re in a dispute with an executor, trustee or another beneficiary
- You’re concerned about a gift or agreement the person made during their lifetime
- Someone has gone back on a promise of land or property that you relied on
- You and a former partner, relative or friend disagree over a property you share
We act for people bringing claims, and for executors, beneficiaries, trustees and others defending them. Learn more about how our specialist contentious probate and trust dispute lawyers can help you below.
Our Will, Inheritance, Probate, and Trust Dispute Services
How exactly can our contentious probate and trust dispute lawyers help you? Our main areas of specialism are listed below, but please get in touch if you can’t see your situation here.
-
Challenging the Validity of a Will
Challenging the Validity of a Will
A will can be challenged if there are serious doubts about how it was made. Common grounds include:
• Lack of testamentary capacity: the person didn’t have the mental capacity needed to make a valid will
• Undue influence: they were pressured or coerced into making it
• Lack of knowledge and approval: they didn’t understand or approve what the will said
• Improper execution: the will wasn’t properly signed or witnessed
• Fraud or forgery: the will was forged or altered, or the person was given false information to change their wishesIf you’re thinking about contesting a will, or need to defend a will that’s being challenged, our solicitors can assess the evidence and advise you on the best way forward.
-
Inheritance Act Claims
Inheritance Act Claims
Even where a will is valid, you may be able to make a claim if it doesn’t leave you reasonable financial provision. These claims are brought under the Inheritance (Provision for Family and Dependants) Act 1975, and can be made by:
- A spouse or civil partner
- A former spouse or civil partner who hasn’t remarried or formed a new civil partnership
- A cohabiting partner who lived with the deceased as if married or in a civil partnership for the whole two years immediately before their death
- A child of the deceased, including an adult or adopted child
- Someone treated as a child of the family by the deceased
- Anyone who was being financially maintained by the deceased up to the date of their death
Claims must usually be made within six months of the grant of probate or letters of administration, so it’s important to get advice as early as possible. We also help executors and beneficiaries defend Inheritance Act claims.
-
Executor and Trustee Disputes
Executor and Trustee Disputes
Executors, administrators and trustees must act in the best interests of the estate and its beneficiaries. If you believe someone is delaying, acting unfairly, failing to provide estate accounts, causing loss to the estate or misusing funds, you may be able to take action.
Depending on the circumstances, this could include asking the court to remove or replace them, or bringing a claim for losses caused by their breach of duty (known as devastavit). Disputes can also arise between joint executors, or between executors and beneficiaries over how an estate is being administered.
If you’re an executor or trustee facing allegations, we can also help you respond and protect your position.
-
Lifetime Gifts and Agreements
Lifetime Gifts and Agreements
Inheritance disputes don’t only concern wills. You may have concerns about gifts made, or agreements entered into, by the deceased during their lifetime, such as a property transferred to a relative shortly before their death.
These transactions may be challenged where, for example, the person lacked the necessary mental capacity, was under undue influence or was misled, or where the gift or agreement was forged.
We advise both those challenging lifetime gifts and those defending them.
-
Broken Promises of Land or Property
Broken Promises of Land or Property
Sometimes a person is promised that they’ll receive land or property, and relies on that promise to their own detriment. For example, they may work on a family farm for little pay, or give up their own plans to provide care.
If the promise isn’t kept, you may have a claim under the doctrine of proprietary estoppel. These claims often arise in family farming businesses and caregiving situations, but aren’t limited to them. We can advise you on whether you have a claim and how best to pursue it.
-
Property Disputes Between Unmarried Couples, Family and Friends
Property Disputes Between Unmarried Couples, Family and Friends
Unmarried couples don’t have the same automatic property rights as married couples. If you separate, disputes over who owns a property, who can live in it and whether it should be sold are resolved by looking at each person’s beneficial interest under the Trusts of Land and Appointment of Trustees Act 1996 (TOLATA).
TOLATA claims can also help relatives or friends who contributed money towards a property to establish their share.
Challenging the Validity of a Will
A will can be challenged if there are serious doubts about how it was made. Common grounds include:
• Lack of testamentary capacity: the person didn’t have the mental capacity needed to make a valid will
• Undue influence: they were pressured or coerced into making it
• Lack of knowledge and approval: they didn’t understand or approve what the will said
• Improper execution: the will wasn’t properly signed or witnessed
• Fraud or forgery: the will was forged or altered, or the person was given false information to change their wishes
If you’re thinking about contesting a will, or need to defend a will that’s being challenged, our solicitors can assess the evidence and advise you on the best way forward.
Inheritance Act Claims
Even where a will is valid, you may be able to make a claim if it doesn’t leave you reasonable financial provision. These claims are brought under the Inheritance (Provision for Family and Dependants) Act 1975, and can be made by:
- A spouse or civil partner
- A former spouse or civil partner who hasn’t remarried or formed a new civil partnership
- A cohabiting partner who lived with the deceased as if married or in a civil partnership for the whole two years immediately before their death
- A child of the deceased, including an adult or adopted child
- Someone treated as a child of the family by the deceased
- Anyone who was being financially maintained by the deceased up to the date of their death
Claims must usually be made within six months of the grant of probate or letters of administration, so it’s important to get advice as early as possible. We also help executors and beneficiaries defend Inheritance Act claims.
Executor and Trustee Disputes
Executors, administrators and trustees must act in the best interests of the estate and its beneficiaries. If you believe someone is delaying, acting unfairly, failing to provide estate accounts, causing loss to the estate or misusing funds, you may be able to take action.
Depending on the circumstances, this could include asking the court to remove or replace them, or bringing a claim for losses caused by their breach of duty (known as devastavit). Disputes can also arise between joint executors, or between executors and beneficiaries over how an estate is being administered.
If you’re an executor or trustee facing allegations, we can also help you respond and protect your position.
Lifetime Gifts and Agreements
Inheritance disputes don’t only concern wills. You may have concerns about gifts made, or agreements entered into, by the deceased during their lifetime, such as a property transferred to a relative shortly before their death.
These transactions may be challenged where, for example, the person lacked the necessary mental capacity, was under undue influence or was misled, or where the gift or agreement was forged.
We advise both those challenging lifetime gifts and those defending them.
Broken Promises of Land or Property
Sometimes a person is promised that they’ll receive land or property, and relies on that promise to their own detriment. For example, they may work on a family farm for little pay, or give up their own plans to provide care.
If the promise isn’t kept, you may have a claim under the doctrine of proprietary estoppel. These claims often arise in family farming businesses and caregiving situations, but aren’t limited to them. We can advise you on whether you have a claim and how best to pursue it.
Property Disputes Between Unmarried Couples, Family and Friends
Unmarried couples don’t have the same automatic property rights as married couples. If you separate, disputes over who owns a property, who can live in it and whether it should be sold are resolved by looking at each person’s beneficial interest under the Trusts of Land and Appointment of Trustees Act 1996 (TOLATA).
TOLATA claims can also help relatives or friends who contributed money towards a property to establish their share.
Setfords' Approach to Will and Inheritance Disputes
Disputes over a loved one’s estate are among the most personal a family can face. Our solicitors will listen, explain your options clearly and give you the best possible advice for your situation.
We always look for the most cost-effective route to resolution, often through negotiation or mediation, to keep further distress and damage to relationships to a minimum. If court proceedings are needed, you’ll have experienced litigators on your side.
Every Setfords solicitor is an expert with years of experience, so you’ll never be passed to an inexperienced junior. Our unique support model means our lawyers can focus fully on their clients, not internal billing targets or office administration.
Will, Inheritance, Probate and Trust Dispute Lawyers
-
Dessislava Dragneva
View Profile
-
Simon Chalmers
View Profile
-
William Grassick
View Profile
-
Nazia Nawaz
View Profile
-
David Lees
View Profile
View Profile
Contentious Probate FAQs
-
What is contentious probate?
Contentious probate is the legal term for any dispute about a person’s will or how their estate is dealt with after their death. It covers challenges to whether a will is valid, Inheritance Act claims, disputes with executors or trustees, and related claims over lifetime gifts or promised property.
-
How much does it cost to contest a will?
The cost of contesting a will depends on how complex the dispute is, the value of the estate and how far the matter goes. Many disputes are settled through negotiation or mediation, which is usually far less costly than going to court. We’ll explain the likely costs at the outset.
You can pay our fees privately on a regular basis, or we may be able to offer a no win, no fee arrangement. We can explain the types of arrangement available if appropriate.
-
What is a caveat?
A caveat is a formal notice filed with the Probate Registry that stops a grant of probate or letters of administration being issued. It may be used where there are concerns about a will’s validity, whether a later will exists, or where executors are in dispute. A caveat shouldn’t be entered lightly, so please get in touch for advice first.
-
Do I need a solicitor to contest a will?
Will and inheritance disputes involve complex law, strict procedural rules and potential costs consequences. Getting advice early helps you understand whether you have a valid claim before you commit time and money to it.
-
What happens if there is no will?
If someone dies without a will, they are said to have died intestate. In these circumstances, the estate is distributed according to the Rule of Intestacy by an Administrator.
If there is no will, a Grant of Letters of Administration may be applied for from the Probate Registry.
Get in touch for more details.
Speak to a Will, Inheritance, Probate and Trust Dispute Solicitors Solicitor on 0330 828 4863
Contact us
Contact our team
Location
Business Hours
