CONTENTIOUS PROBATE SOLICITORS IN HARROW AND LONDON

Something about the will does not feel right. Or an executor has gone quiet, an inheritance you were promised has vanished, or the way an estate is being shared out simply is not what the person who died would have wanted.

Disputes like these are more common than most families realise, and they land at the worst possible time, when you are still grieving. You do not have to work out the law on your own.

What is contentious probate

Contentious probate is the legal term for disputes about the estate of someone who has died. It covers challenges to the validity of a will, claims that a will or the intestacy rules fail to provide properly for someone, and disagreements over how executors or administrators are handling an estate.

In England and Wales, most estates are dealt with under a Grant of Probate, the court document that gives executors the legal authority to act. Where there is no will, the equivalent document is called Letters of Administration. (The page will link to the official GOV.UK guidance on applying for probate.)

Contentious probate begins when someone with an interest in the estate believes something has gone wrong. That might be a problem with the will itself, or a problem with the people administering it. The two are different legal routes, and part of our job is helping you work out which one fits your situation.

Our wills, probate and estate planning team handles the non-contentious side of this work every day, which means we see disputes from both angles.

If you would like to talk your situation through first, call 0208 515 2790 or enquire for a free, no-obligation 20 minute chat.

Types of probate disputes

Every family's situation is different, but most probate disputes fall into one of the groups below.

  • Contesting the validity of a will

    A will can only be challenged on recognised legal grounds. Feeling that a will is unfair is not enough on its own. The grounds are:

    • Lack of testamentary capacity. The person did not have the mental capacity to make a will. The courts still apply the test set out in Banks v Goodfellow, a case from 1870: broadly, the person must understand they are making a will, know roughly what they own, and appreciate who might expect to inherit.
    • Undue influence. Someone pressured or coerced the person into making the will, so it reflects the influencer's wishes rather than their own.
    • Fraud or forgery. The will, or the signature on it, is not genuine, or the person was deliberately deceived into signing it.
    • Lack of due execution. The will was not signed and witnessed as the Wills Act 1837 requires. A will needs the person's signature and two witnesses present at the same time.
    • Lack of knowledge and approval. The person signed the will without truly knowing or approving what it said, which often arises where someone who benefits from the will helped prepare it.

    If a challenge succeeds, the estate is dealt with under an earlier valid will, or under the intestacy rules if there is none.

  • Inheritance Act claims

    Sometimes a will is perfectly valid but leaves someone in real financial difficulty. The Inheritance (Provision for Family and Dependants) Act 1975 lets certain people ask the court for reasonable financial provision from the estate.

    This is not about tearing the will up. It is about adjusting what the estate pays out so that a spouse, child or dependant is not left without proper provision. These claims have a strict deadline, which we cover in the time limits section below.

  • Disputes when there is no will

    When someone dies without a will, the intestacy rules decide who inherits, in a fixed legal order. Those rules can produce painful results. An unmarried partner of 30 years inherits nothing under intestacy, however long the relationship.

    Disputes often arise over who should administer the estate, whether the rules have been applied correctly, or whether someone left out by the rules can claim under the Inheritance Act instead.


  • Executor and administrator disputes

    Executors and administrators, together called personal representatives, hold real power over an estate, and with it real responsibility. Problems we regularly hear about include:

    • long, unexplained delays in administering the estate
    • refusing to share information or produce estate accounts
    • selling property below value, or to themselves or friends
    • mixing estate money with their own
    • simply refusing to communicate with beneficiaries

    Beneficiaries can ask the court to order an executor to act, to account for what they have done, and in serious cases to remove and replace them. If you are a beneficiary who feels shut out, you have more rights than you may think.

  • Broken promises about inheritance

    Sometimes a person spends years relying on a promise. "Work on the farm and it will be yours one day" is the classic example. If you relied on a promise like that to your own cost and the will now says otherwise, the law may still hold the promise to account. Lawyers call this proprietary estoppel. We call it holding people to their word, and the courts take these claims seriously.

  • Defending a claim as an executor or beneficiary

    Not everyone who contacts us wants to bring a claim. Many are executors accused of dragging their feet, or beneficiaries whose inheritance is under attack from a disappointed relative.

    Being accused of mishandling an estate is distressing, especially when you have been doing your honest best with no experience. We defend executors and beneficiaries just as often as we act for people bringing claims, and we will give you a straight view on the strength of the claim against you.

Who can make a contentious probate claim?

You generally need an interest in the estate to bring a claim. That includes:


  • husbands, wives and civil partners, including former ones in some cases
  • children, including adult children and people treated as a child of the family
  • unmarried partners who lived with the person, usually for at least 2 years before the death
  • anyone the person was financially supporting
  • people named in the current will or an earlier one
  • people who would inherit under the intestacy rules
  • people owed money by the estate


If you are not sure whether you fit any of these groups, that is exactly the sort of question our free 20-minute chat is for

How to stop a grant of probate

If you have a genuine concern about a will, you can pause the probate process while you investigate. This is done by entering a caveat at the Probate Registry.

The disbursement for the entering a caveat currently costs £3 and lasts for 6 months, and it can be extended for further 6 month periods. While it is in place, no Grant of Probate can be issued on the estate. You can apply online or by post.

A few practical points families are often surprised by:

  • A caveat is a pause button, not a solution. It buys time to gather evidence, such as medical records or a statement from the solicitor who drafted the will. The underlying concern still has to be resolved.
  • The other side can push back. An executor can issue a formal warning against your caveat. If you respond by entering what is called an appearance, the caveat becomes permanent until the dispute is resolved, so this step should never be taken lightly.
  • A caveat is the wrong tool for an Inheritance Act claim. If your concern is that the will fails to provide for you, rather than that the will is invalid, a caveat can actually work against you. This distinction catches people out, and it is worth taking advice before you act.
  • Used well, a caveat protects your position. Used badly, it can inflame the dispute and put you at risk on costs. We will tell you honestly which side of that line your situation falls on.

How probate disputes are resolved

Most probate disputes never see a courtroom. That surprises many people, and it is genuinely good news, because early resolution protects both the estate and the family relationships around it.

The usual path looks like this:

  1. Understanding your position. We look at the will, the family circumstances and the evidence, and give you a realistic view of your options.
  2. Setting out your case. A clear, well-evidenced letter to the other side resolves more disputes than most people expect.
  3. Negotiation. Many disputes settle through correspondence once both sides understand the strengths and weaknesses of their positions.
  4. Mediation. An independent mediator helps both sides reach an agreement in a single day, privately and far more cheaply than a trial. Courts expect parties to attempt it.
  5. Court proceedings. A small minority of disputes need a judge to decide. As experienced probate litigation solicitors will tell you, court is the last resort, not the first move.

How long it takes depends on how early it settles. A dispute resolved through correspondence may conclude in a few months, while a fully contested court claim can take considerably longer, sometimes years. We cannot promise a timescale, and you should be wary of anyone who does, but we can promise to keep you informed at every step.

It is worth knowing that a dispute also pauses the normal probate process, so the everyday administration of the estate waits too. Once matters are resolved, our probate solicitors can handle the estate administration itself.


Time limits for contesting a will or estate

Time limits in this area are unforgiving, and they vary by the type of claim. This is a general guide for England and Wales. (This appears as a table on the live page.)

Inheritance Act 1975 claim: 6 months from the Grant of Probate or Letters of Administration. Late claims need the court's permission.

Rectification of a will (fixing a clerical error): 6 months from the grant.

Challenging the validity of a will: no fixed deadline, but act before the estate is distributed.

Fraud or forgery: no time limit.

Claim against an executor for breach of duty: usually up to 12 years, but acting early is always better.

The safest rule of thumb is simple: the earlier you act, the more options you have. Once an estate has been distributed, recovering assets becomes much harder, even where a claim is strong.

What contentious probate costs and how to fund it

Nobody should start a probate dispute without understanding what it might cost. Here is how we approach it.

We do not offer no win no fee. We charge transparent hourly rates with clear estimates. Our contentious probate work is charged at £350.00 per hour + VAT. Because disputes vary so much, we give you a costs estimate at the outset, update it as the matter develops, and never leave you guessing. A dispute that settles after early correspondence costs a fraction of one that goes to trial, which is one more reason we push for early resolution.

Who pays? The starting point in litigation is that the losing party pays the winner's costs as well as their own. Probate has some exceptions, and in limited situations costs can come out of the estate, for example, where the way the person made their will caused the dispute. It is safest to assume you carry the cost risk, and we will explain how that risk applies to your case before you commit to anything.

Why families in Harrow and London choose us

Probate disputes are not just legal problems. They are usually family problems wearing legal clothes, and they deserve to be handled with care as well as skill.

Your matter is handled by Jessica or Samina, two of our specialist probate solicitors, not passed from person to person around a department. Our team brings over 10 years of experience in private client work, and a straightforward way of explaining where you stand.

We act for people bringing claims and for executors and beneficiaries defending them, so we understand how the other side thinks.

Our office is on Pinner Road in North Harrow, a few minutes' walk from North Harrow station. We advise families across Harrow, Wembley and the rest of London, and offer home, hospital and hospice visits for clients who cannot travel.

We can offer advise in English, Urdu, Punjabi and basic Arabic.

Transparent about money. Clear hourly rates, estimates before work begins, and honest advice about whether a claim justifies its cost.

Talk it through before you decide anything

BOOK FREE 20 MINUTE CONSULTATION

  • What is the difference between contesting a will and contentious probate?

    Contesting a will means challenging the validity of the will itself, for example on capacity or undue influence grounds. Contentious probate is the wider category: it includes will challenges but also Inheritance Act claims, executor disputes and disagreements over how an estate is administered.

  • Can you contest a will after probate has been granted?

    Yes, in many cases. A validity challenge has no fixed deadline, though it becomes much harder once the estate is distributed. An Inheritance Act claim normally must be issued within 6 months of the grant. Whatever your situation, take advice as soon as you can.

  • Who pays the costs of a probate dispute?

    The starting point is that the loser pays both sides' costs. There are exceptions in probate cases, and occasionally costs come out of the estate, but you should never assume they will. We explain the costs risk in your specific situation before you commit to anything.

  • Can I contest a will without a solicitor?

    There is no legal requirement to use one. In practice, probate disputes turn on evidence, strict procedure and unforgiving deadlines, and a mistake such as mishandling a caveat can be expensive. At the very least, take advice early.

  • What evidence do you need to contest a will?

    It depends on the ground. Capacity challenges rely on medical records and evidence from the solicitor or will writer who prepared the will. Undue influence needs evidence of pressure and the surrounding circumstances. Forgery cases may need a handwriting expert.

  • Can an executor be removed?

    Yes. The court can remove or replace an executor who has seriously mismanaged an estate or cannot act properly, and it can order them to produce accounts. Courts do not remove executors lightly, so evidence matters. Often a formal letter resolves the problem without proceedings.

  • Is legal aid available for contesting a will?

    Generally no. Legal aid is not normally available for inheritance and will disputes in England and Wales. In most cases the claim is funded privately. In some circumstances it may also be possible to fund a claim through a loan secured against the estate, which is repaid once the estate is distributed. 

  • How long does a contentious probate claim take?

    It varies too much for anyone to promise a timescale. Disputes that settle through early correspondence or mediation may conclude within months, while contested court proceedings can take a year or more, sometimes longer. Acting early and staying open to settlement are the two things most likely to shorten it.

  • Is no win no fee available for contentious probate?

    You will see contentious probate no win no fee arrangements advertised, formally called conditional fee agreements. Under one, you pay nothing if the claim fails, and if it succeeds a success fee is deducted from what you recover.