What grounds can I use to challenge a Will?

Common grounds include lack of testamentary capacity (insufficient mental ability), lack of knowledge and approval (didn’t understand what they signed), undue influence or duress (pressured into making changes), fraud, or improper execution (incorrect signing and witnessing). We assess your specific circumstances and available evidence to determine case strength.

Who can make an Inheritance Act claim?

Spouses, civil partners, former spouses who haven’t remarried, children (including adults), anyone treated as a child of the family, cohabitees who lived with the deceased for two years before death, and anyone financially maintained by the deceased. Courts consider financial needs, estate size, and the deceased’s obligations to claimants.

What are the time limits for contentious probate claims?

Time limits determine success or failure in inheritance disputes. Inheritance Act claims: Six months from Grant of Probate or Letters of Administration. Courts may permit late claims with good reason, but delays damage prospects. Act immediately. Will validity claims: Twelve years from death (no limit for fraud cases). However, prompt action prevents estate distribution under potentially invalid Wills and preserves evidence. Other disputes: Time limits vary by claim type. We’ll identify deadlines specific to your situation and ensure timely action.

Can I remove an executor who isn't doing their job properly?

Yes. Executors can be removed for failing duties, acting improperly, or conflicts of interest. Pre-probate applications go to the probate registry. Post-probate requires High Court application. We’ll advise on your grounds and guide you through the process.

What is mediation and should I consider it?

Mediation uses an independent mediator to help parties reach agreement without Court. It’s typically faster, less expensive, and less adversarial than litigation. Courts actively encourage mediation in contentious probate cases, particularly when preserving family relationships matters. We’ll advise on suitability and support you through the process.

How much will it cost to bring a contentious probate claim?

Costs depend on case complexity and whether negotiation suffices or Court proceedings become necessary. We discuss funding options during initial consultation—traditional hourly rates, fixed fees for specific work, or no win, no fee arrangements where appropriate. You’ll receive clear cost estimates throughout.

What happens if I win my case?

Courts make orders reflecting the outcome—financial provision from the estate, setting aside Wills, removing executors, or other remedies. Unsuccessful parties often pay your legal costs, though this isn’t guaranteed. We advise on likely costs positions throughout and ensure proper implementation of Court orders.

Should I accept an offer to settle?

Settlement decisions are yours, weighing offer certainty against potential outcomes and continuing risks. We’ll advise on case strength, offer reasonableness, and the costs and risks of proceeding. This enables informed decisions about what serves your circumstances best. Mediation and negotiation often achieve excellent results without trial stress and expense.

Will Validity Claim Update l Brennan v Prior and Others l Blog

Inheritance claims and Will disputes

Inheritance disputes bring stress when you’re already grieving. Whether you’re questioning a Will’s validity, concerned about estate administration, or excluded from an inheritance you deserve, you need clarity and expert support.

Our contentious probate solicitors combine specialist expertise with straight-talking advice. We’ll explain your options clearly, pursue what’s rightfully yours, and deliver results.

Related services

Our contentious probate services

We handle the full spectrum of inheritance disputes with strategic precision and commercial awareness.

Inheritance Act claims: Left with inadequate or no provision? We’ll help you claim under the Inheritance (Provision for Family and Dependants) Act 1975. This applies to spouses, children, cohabitees, and financial dependants. With a strict six-month deadline from Grant of Probate, early action is critical.
Challenging Will validity: Contest Wills on grounds of lack of capacity, undue influence, fraud, or improper execution. If the deceased lacked mental ability, didn’t understand the document, or faced pressure to change their wishes, we’ll investigate and advise on your case strength.
Executor disputes: When executors breach their duties, withhold information, or act against beneficiaries’ interests, we step in. We secure estate accounts, remove non-performing executors, and enforce accountability.
Beneficiary disputes: Asset valuations, distribution delays, will interpretation—beneficiary conflicts demand swift resolution. We negotiate, mediate, or litigate to achieve fair outcomes.
Trust disputes: From trust validity challenges to trustee removal and breach of trust claims, we provide specialist guidance whether you’re defending allegations or pursuing concerns.
Claims against estates: Defending estates from claims or pursuing them on beneficiaries’ behalf requires tactical experience. We protect estate interests while maximising rightful entitlements.
Proprietary estoppel claims: Promised an inheritance that hasn’t materialised? If you’ve relied on assurances to your detriment—caring for someone expecting to inherit property—you may have strong grounds for a claim.

How we handle your contentious probate matter

Our process delivers clarity from day one.

1. Initial consultation: We assess your situation, review documentation, and explain your legal position in plain English. You’ll understand potential outcomes, costs, and strategy, essential when time limits apply.

2. Investigation and evidence: We build robust cases through thorough investigation—obtaining Wills and estate documents, reviewing medical records for capacity assessments, interviewing witnesses, and instructing experts.

3. Exploring resolution: Court isn’t always necessary. We pursue negotiation and mediation where appropriate, achieving strong results while controlling costs and preserving relationships.

4. Court proceedings: When litigation is unavoidable, we’re experienced advocates who fight strategically. We handle everything from issuing claims to Courtroom representation, keeping you informed throughout.

5. Achieving resolution: We secure optimal outcomes through settlement or judgment, ensuring agreements are documented and Court orders enforced without delay.

Why choose Nelsons for contentious probate

Recognised expertise: Our team includes members of the Association of Contentious Trust and Probate Specialists (ACTAPS) and is recommended by the independently researched publication, The Legal 500, as one of the top teams of specialists in the country.
Specialist knowledge: Contentious probate requires specialist legal expertise, and our team focuses exclusively on this complex area. We understand the intricacies of inheritance law, from capacity assessments to proprietary estoppel, and we stay current with the latest developments in case law and legislation.
Strategic approach: We recognise that not every dispute needs to go to Court. Where possible, we’ll explore cost-effective alternatives like mediation, which is increasingly favoured by the Courts in contentious probate matters. However, when litigation is necessary, you can trust our experience to achieve the best result.
Integrated support: As part of one of the East Midlands’ leading law firms, we have access to specialists across all areas of private client work. This means we can provide joined-up advice on related matters like estate administration, trusts, or tax planning, ensuring all aspects of your situation are properly addressed.
Cost transparency: Clear cost discussions from the outset, including no win, no fee arrangements where appropriate, we provide clear estimates so there are no surprises.

Getting started

Early advice transforms inheritance dispute outcomes. Our contentious probate solicitors deliver clear guidance and determined representation.

Contact our expert team today on 0800 024 1976 or complete our online enquiry form. We serve clients across Derby, Leicester and Nottingham, and throughout the East Midlands.

Watch our video on contesting a Will, presented by Kevin Modiri, Partner and head of our Civil Litigation team…

Meet the team

Kevin Modiri
Partner & Solicitor
Ruby Raine-Ellerker
Senior Associate & Solicitor
Lesley Harrison
Senior Associate & Solicitor
Stuart Parris
Senior Associate & Solicitor
Faye Dunkley
Associate & Solicitor

View Full Team

Testimonials…

"Nelsons...has a sizeable contentious trusts and probate team that frequently handles disputes concerning high value estates..."

The Legal 500
"...The team displays strong expertise in Inheritance Act claims, complex challenges to wills, court of protection and defamation matters..."

The Legal 500 (Continued)
"...Practice head Kevin Modiri and his team are 'sensible and pragmatic' and frequently deliver client training and CPD seminars.”

The Legal 500 (Continued)
"The solicitors that work for Nelsons are all perfectionists who work hard to sort out your cases and are also caring people taking you through what is happening with everything."

The Legal 500 2023
"The team has grown in recent years and there are now genuine specialists and strength in depth within this practice area."

Referee feedback provided to The Legal 500 2024

Make an enquiry

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Contentious Probate Solicitors FAQS

Below, we have answered some frequently asked questions concerning inheritance claims & will disputes

What grounds can I use to challenge a Will?

Common grounds include lack of testamentary capacity (insufficient mental ability), lack of knowledge and approval (didn’t understand what they signed), undue influence or duress (pressured into making changes), fraud, or improper execution (incorrect signing and witnessing). We assess your specific circumstances and available evidence to determine case strength.
Who can make an Inheritance Act claim?

Spouses, civil partners, former spouses who haven’t remarried, children (including adults), anyone treated as a child of the family, cohabitees who lived with the deceased for two years before death, and anyone financially maintained by the deceased. Courts consider financial needs, estate size, and the deceased’s obligations to claimants.
What are the time limits for contentious probate claims?

Time limits determine success or failure in inheritance disputes.

Inheritance Act claims: Six months from Grant of Probate or Letters of Administration. Courts may permit late claims with good reason, but delays damage prospects. Act immediately.

Will validity claims: Twelve years from death (no limit for fraud cases). However, prompt action prevents estate distribution under potentially invalid Wills and preserves evidence.

Other disputes: Time limits vary by claim type. We’ll identify deadlines specific to your situation and ensure timely action.
Can I remove an executor who isn't doing their job properly?

Yes. Executors can be removed for failing duties, acting improperly, or conflicts of interest. Pre-probate applications go to the probate registry. Post-probate requires High Court application. We’ll advise on your grounds and guide you through the process.
What is mediation and should I consider it?

Mediation uses an independent mediator to help parties reach agreement without Court. It’s typically faster, less expensive, and less adversarial than litigation. Courts actively encourage mediation in contentious probate cases, particularly when preserving family relationships matters. We’ll advise on suitability and support you through the process.
How much will it cost to bring a contentious probate claim?

Costs depend on case complexity and whether negotiation suffices or Court proceedings become necessary. We discuss funding options during initial consultation—traditional hourly rates, fixed fees for specific work, or no win, no fee arrangements where appropriate. You’ll receive clear cost estimates throughout.
What happens if I win my case?

Courts make orders reflecting the outcome—financial provision from the estate, setting aside Wills, removing executors, or other remedies. Unsuccessful parties often pay your legal costs, though this isn’t guaranteed. We advise on likely costs positions throughout and ensure proper implementation of Court orders.
Should I accept an offer to settle?

Settlement decisions are yours, weighing offer certainty against potential outcomes and continuing risks. We’ll advise on case strength, offer reasonableness, and the costs and risks of proceeding. This enables informed decisions about what serves your circumstances best. Mediation and negotiation often achieve excellent results without trial stress and expense.