Contentious Probate

Our specialist contentious probate and will dispute solicitors are here to help families and individuals find a fair solution.

Expert contentious probate solicitors

What is contentious probate?

Contentious probate means any dispute about how a person’s estate – that is their money, property or other possessions – is passed on to other people after they die. It includes, but is not limited to, contesting a will and sometimes there is no will – if the dispute involves an intestate estate.

When there is no will, probate matters can feel daunting

When a person dies without a will this is known as intestacy. There are fixed ‘rules of intestacy’ which dictate who gets what in this situation. However, they are inflexible, make no arrangement for unmarried partners or dependents and any verbal promises the person who has died may have made while they were alive, are not taken into account.

Critical perspective on commercial inter-family issues being mindful of the niceties of how disputes can affect human issues.
Legal 500 UK, 2025

Contesting probate when there is no will

We can help you with a range of issues relating to there being no will including:

a partner who was not married to the deceased, who hasn’t been provided for
a child or another dependant who hasn’t been provided for
when a married partner who is now estranged has inherited – this can sometimes occur if someone dies unexpectedly
arguments over who should administer the estate.

Contesting probate includes many different types of disputes. Examples of contentious probate disputes, not limited to the will itself, include:

claims for ‘further provision’ where a person feels they should have been provided for, usually by a spouse, parent, adult child, or someone who was financially dependent on the deceased – under the Inheritance (Provision for Family and Dependants) Act 1975
trusts – where money and assets have been left in a trust, disputes over the ownership of the assets, which trustees are appointed, how the finances are managed on behalf of the beneficiaries
to honour a promise not reflected in the will, for example, where a person has worked on a farm for their lifetime under the promise it would be passed wholly or partly to them
to clarify a will’s meaning for example, where it is confusing
to rectify a will where there is a mistake in the will’s content for example, establishing correct ownership of a property
lifetime gifts – whether the person who has died was of sound mind at the time the gifts were made
challenging the appointment of an executor
removing an executor
mismanagement by an executor
managing disagreements between beneficiaries or between trustees
establishing the value of complex assets
lost and damaged wills
court applications, for example, to produce documentation or retrieve assets which were wrongly given
protecting the interests of vulnerable people unable to manage their own affairs
professional negligence claims.

We are here to help

Estates are sometimes extremely complex, for example, if there are international assets, several properties, blended family arrangements or wealth structures which incorporate trusts. Added to that, it’s often difficult handling the death of someone you know and may be close to and disputes make it so much worse.

We have many years of experience of handling these matters and we aim to keep upset to a minimum where possible. We can help you with disputes whether you are the executor, the beneficiary of the will or you expected to be a beneficiary of the will whether you are making a claim or need to defend one. We work for trustees including individuals, trust companies and other organisations such as charities.

Our team includes members of the Association of Contentious Trusts and Probate Specialists (ACTAPS) and the Society of Trust and Estate Practitioners (STEP).

If you’d like to meet one of our contentious probate experts for a confidential, no obligation chat, please get in touch.

We have offices across Cambridgeshire, Essex and Hertfordshire, but we can help you wherever you are in England and Wales

The financial services provided on this page are by Tees Financial Limited, authorised and regulated by the Financial Conduct Authority. Registered number 211314.

Our legal services are regulated by the Solicitors Regulation Authority.